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VP-GREEN VALE ACADEMY INC

DATA Privacy Manual

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I. INTRODUCTION
This Privacy Manual is hereby adopted in compliance with
Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA), its
Implementing Rules and Regulations (IRR), and other relevant policies,
including issuances of the National Privacy Commission.

It is the policy of VP-GREEN VALE ACADEMY INC to respect

and uphold data privacy rights, and to ensure that all personal data
collected from students, their parents or guardians, employees and other
third parties, are processed pursuant to the general principles of
transparency, legitimate purpose, and proportionality as stated in DPA.

This Manual outlines the data protection and security measures

adopted by the School to protect data privacy rights, and shall serve as a
guide in the exercise of rights under the DPA.

II. POLICY STATEMENT

St. Clare Science High School is committed to protect the privacy

rights of individuals on personal information pursuant to the provisions of
Republic Act No. 10173 or the Data Privacy Act of 2012, its Implementing
Rules and Regulations and the Basic Education Act of 1982.
All employees, students and administration officers are enjoined to
comply with and to share in the responsibility to secure and protect
personal information collected and processed by VP-GREEN VALE
ACADEMY INC in pursuit of legitimate purposes.

General Privacy Policy Statements

1. VP-GREEN VALE ACADEMY INC adheres to the general principles of
transparency, legitimate purpose and proportionality in the collection,
processing, securing, retention and disposal of personal information.
2. The students, parents, guardians, employees or third parties whose
personal information is being collected shall be considered as data subjects
for purposes of these policies.
3. Data subjects shall be informed the reason or purpose of collecting and
processing of personal data.
4. The data subjects shall have the right to correct the information especially
in cases of erroneous or outdated data, and to object to collection of
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personal information within the bounds allowed by privacy and education

laws.
5. The data subject has the right to file a complaint in case of breach or
unauthorized access of his personal information.
6. VP-GREEN VALE ACADEMY INC shall secure the personal
information of students, parents, guardians, employees and third parties
from whom personal information is collected and shall take adequate
measures to secure both physical and digital copies of the information.

7. VP-GREEN VALE ACADEMY INC shall ensure that personal

information is collected and processed only by authorized personnel for
legitimate purposes of the School.
8. Any information that is declared obsolete based on the internal privacy and
retention procedures of the School shall be disposed of in a secure and
legal manner.
9. Any suspected or actual breach of the VP-GREEN VALE ACADEMY
INC Data privacy policy must be reported to any member of the Data
Privacy Response Team in accordance with the procedure provided in
Article IX (ii) of this Manual.
10. Data subjects may inquire or request for information from the Data Privacy
Response Team, regarding any matter relating to the processing of their
personal data under the custody of VP-GREEN VALE ACADEMY INC,
including the data privacy and security policies implemented to ensure the
protection of their personal data pursuant to Article IX (i) of this Manual.

III. DEFINITIONS

A. “Authorized personnel” refers to employees or officers of the School

specifically authorized to collect and/ or to process personal information
either by their function of their office or position, or through specific
authority given in accordance with the policies of the School.

B. “Consent of the Data Subject” refers to any freely given, specific,

informed indication of will, whereby the data subject agrees to the
collection and processing of his or her personal, sensitive personal, or
privileged information. Consent shall be evidenced by written, electronic
or recorded means. It may also be given on behalf of a data subject by a
lawful representative or an agent specifically authorized by the data
subject to do so.

C. “Data subject” refers to an individual whose personal, sensitive personal,

or privileged information is processed. For purposes of this Manual,
students, employees and third parties whose information is being collected
and processed by the School (i.e. applicants for admission or employment,
former students or alumni whose records are required by law to be kept
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and maintained by the School). The Data subjects have the right to be
informed [Article V Section C (i)] and object or complain [Article IX ii
and ii], right to access [Article VIII (B)] their individual information, and
the right to correct, rectify or block [Article VII (I and ii)] any erroneous or
false information.

D. “Data Privacy Officer or DPO” refers to the School officer designated to

monitor and ensure the implementation of the Data Privacy policies of the
School. The DPO is also the de facto head of the Data Privacy Response
Team.

E. “Data Privacy Response Team” refers to the group of persons designated

to respond to inquiries and complaints relating to data privacy and to assist
in the monitoring and implementation of the Data Privacy policy of the
School. VP-GREEN VALE ACADEMY INC Data Privacy Response
Team is composed of the Data Privacy Officer and the Personal
Information Processors. The contact details of team are contained in
Article IX of this Manual.

F. Personal data” refers to all types of personal information collected and

processed by the School from the data subjects.

G. “Personal data breach” refers to a breach of security leading to the

accidental or unlawful destruction, loss, alteration, unauthorized disclosure
of, or access to, personal data transmitted, stored, or otherwise processed.

H. “Personal Data Classification” refers to the categories of personal

information collected and processed by VP-GREEN VALE ACADEMY
INC. Personal data is classified as follows

a. Public- these are information readily available and may be disclosed to the
public. Examples: VP-GREEN VALE ACADEMY INC offices directory,
subject offerings, names of officers, Principal and teachers as stated in the
Administration portion of the VP-GREEN VALE ACADEMY INC social
media pages published research containing the names of teachers and
students
b. Confidential- Those which are declared confidential by law or policy of
VP-GREEN VALE ACADEMY INC and which may only be processed
by authorized personnel, and if disclosed may cause material harm to the
School, or information is sensitive in nature as will affect the health or
well-being of the individual.
Examples: Employee and student names, addresses, contact numbers, SSS,
PhilHealth, Passport numbers, student and employee’s health information,
student counselling and medical records (Data Privacy Law); financial
information of parents and students and employees, and student records ,
Employee 201 files and the information contained therein (Labor Code)
c. Classified- These are information the access of which is highly restricted,
and if disclosed may cause severe or serious harm or injury to the
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employee, student or third party.

I. “Personal information” refers to any information, whether recorded in a

material form or not, from which the identity of an individual is apparent
or can be reasonably and directly ascertained by the entity holding the
information, or when put together with other information would directly
and certainly identify an individual.

J. “Personal Information Controller or PIC” refers to the School as the

entity which controls of the processing of personal data, or instructs
another to process personal data on its behalf.

K. “Personal Information Processor or PIP” refers to the School Officer

person designated as such to whom the personal information controller
instructs the processing of personal data pertaining to a data subject.

L. “Privacy Impact Assessment” refers to the process undertaken and used

to evaluate and manage the impacts on privacy of School programs,
projects, processes, measures, systems, or technology products. Such
process takes into account the nature of the personal data to be protected,
the personal data flow. The risks to privacy and security posed by the
processing,
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current data best practices, cost of security implementation, and where

applicable, the size of the organization, its resources and complexity of
operations.

M. “Processing” refers to any operation or any set of operations performed

upon personal data including, but not limited to, the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data. Processing may be
performed through automated means, or manual processing, if the personal
data are contained or are intended to be contained in a filing system.

N. “Privacy Statement” is a notification or statement, in the format specified

under Section
5.1 (i) of this Manual provided to an individual informing them of the use
and purpose for collecting or processing the information, and/or which
allows such individual to consent to such processing of information.

O. “Privileged information” refers to any and all forms of data, which, under
the Rules of Court and other pertinent laws constitute privileged
communication.

P. “Security incident” is an event or occurrence that affects or tends to

affect data protection, or may compromise the availability, integrity and
confidentiality of personal data. It includes incidents that would result to a
personal data breach, if not for safeguards that have been put in place;

Q. “Sensitive personal information” refers to personal information about:

i. an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations.
ii. an individual’s health, education, genetic or sexual life of a person, or to
any proceeding for any offense committed or alleged to have been
committed by such individual, the disposal of such proceedings, or the
sentence of any court in such proceedings.
iii. issued by government agencies peculiar to an individual which includes,
but is not limited to, social security numbers, previous or current health
records, licenses or its denials, suspension or revocation, and tax returns
iv. Specifically established by an executive order or an act of Congress to be
kept classified.

R. “School records” refer to the records of students of all acts, events,

accomplishments, results or research and all documents depicting the
various activities of the students. This include but are not limited to the
following:
i. Personal and academic records of the student
ii. Baptismal and Birth Certificates
iii. Academic reports
iv. Medical and Guidance Records
v. Disciplinary records
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vi. Alien Certificate for foreign students

vii. Individual financial records (i.e. individual tuition fee payments, balances
etc.)

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S. “School personnel” means all employees (regardless of the type of

employment or contractual arrangement) of the School.

IV. SCOPE AND LIMITATIONS

This Manual applies to all departments of the School, employees

regardless of the type, students, officers and third parties whose
information (applicants for admission or employment and former students
or alumni whose school records are required to be kept and secured by the
School. The data covered by this Manual is limited to personal
information as defined under Section III (I), collected and processed
by the School.
This Manual is reviewed annually and updated regularly to comply
with the current data privacy laws, policies and regulations.

V. COLLECTION OF PERSONAL INFORMATION

A. Privacy Principles espoused by the School

i. TRANSPARENCY. Data Subject’s consent should be obtained before

collecting the information and the latter should be informed of the purpose
for which the information is to be collected.

Example: In the enrolment process, upperclassmen are required to fill out the
Student Data Sheet. The purpose of such collection of information is stated in the
form and the consent of the student is obtained through the form which is filled
out and signed by the student.

ii. PROPORTIONALTY. Personal Information collected must be reasonably

necessary or directly related to the School functions

Example: In the application for admission as a shs student in VP-GREEN

VALE ACADEMY INC only information such as name, address, contact
numbers, previous schools, parent’s or guardian’s name, which necessary for the
evaluation for eligibility for admission to the School is collected.

iii. FOR LEGIMATE PURPOSE. In collecting personal information, the

School shall use the information only for legitimate purposes as discussed
in Section VI of this Manual

Example: Personal information such as student’s name, parents name and

addresses and contact numbers etc., shall be used only for purposes such as
enrolment, academic activities and availment of student services which is allowed
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under the provisions of the Secondary Education

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B. Provisions for Specific Departments

i. School Registrar’s Office and Center for Guidance and Counseling

The School Registrar’s Office collects personal information for the

purpose of evaluating the eligibility of the applicant for admission or in
case of current students, for enrollment in the School.
The School Registrar’s are tasked to collect personal information
only for the purpose of providing placement services for required on the
job training for students, and evaluation of students for eligibility for
scholarships provided by the School and third parties.
In the course of the collection of information, these authorized
personnel from these offices ask data subjects (students and their parents
or guardians and to fill out forms with the corresponding privacy statement
to signify consent and to inform them of the purpose of collecting such
information during the admission and/ or enrollment processes). These
departments collect, process the information and encode the same in the
Student (profile) Data base. Only authorized personnel are allowed to
encode and access student data.
Access is restricted pursuant to the provisions of the VP-GVAI for
Basic Education which specifically provides that all student records should
be kept confidential.
ii. Human Resources Department
The Human Resource Department collects the information from
employees or applicants for purposes of evaluating the applicant for eligibility
for employment, and availment of employee benefits (i.e. retirement,
educational and medical benefits) and collates the information in the
individual 201 files of the employees which is required under the provisions
the Labor Code.

Pursuant to existing labor laws and human resources policies of the

School, the 201 files or employee’s individual employment records are
confidential and access is restricted to authorized personnel only.

iii. Health Services Department and Center for Guidance and Counseling
The Health Services Department collects sensitive information
relating to the medical and dental health of students for monitoring
pursuant to the provisions of the Manual of Regulations for Private School
in Basic Education.

Access to the data collected is restricted and limited only to

authorized personnel in the department such as the school doctor, dentist
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or nurse assigned in the Department. Sensitive information may not be

released without the prior consent of the student or guardian except in
cases
life of the student or other students (i.e. epidemic cases as provided under
the DOH rules and regulations) is at stake.

iv. Office for Information Technology

The Office for Information Technology is tasked to process, secure

and store the information and data base systems of the School. All personal
information collected from students by the different departments
mentioned above are primarily encoded and stored in the Student Records
Management System. Employee personal information collected by the
HRD is encoded and stored in the Human Resources Information System.

Access to the data is also restricted and given only to predetermined

authorized personnel in relation to their specific function which requires them
to access or process student or employee information. In all instances, any
access to personal information of students must be with their or their parents/
guardians’ consent, or employee’s and for legitimate purposes, or endorsed by
the Department head, and approved by the DO-IT Head or his authorized
representative.

C. Privacy Policies

To ensure that the rights of the data subjects are protected, the above-
mentioned departments are subject to the following policies:

i. Data Subjects are notified and their consent secured

Collection of information is done with the consent of Data Subjects

(Students and their guardians) which consent is included in the forms
filled-out during application for admission, enrollment or availment of
student services such as scholarships, on the job trainings, etc.

Forms for collection of personal information include a provision or

a variation of these privacy statements:

“All information shall be used by the School for legitimate

purposes specifically for and shall be processed by authorized personnel in
accordance with the Data Privacy Policies of the School.”
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“I hereby allow/authorize VP-GREEN VALE ACADEMY INC to use, collect

and process the
information for legitimate purposes specifically for
, and allow authorized personnel to process the
information.”

In case, there is no form or written document containing the

privacy statement, the authorized personnel tasked to collect the
information may verbally notify them of the purpose and ask the Data
Subject to allow the School personnel to collect and process the
information and shall record the processing of information with consent in
writing.

ii. Access only to Authorized Personnel

Only authorized personnel are allowed to access and process the

personal information collected from the students, their parents or
guardians in accordance with Data Privacy policies of the School and the
Manual of Education for Private School which requires that student
records as well as the information contained therein are to be kept
confidential.

Example: Only the registrar or her duly authorized representative or personnel is

allowed complete access to the student profile which includes the name, student
number, parents names, addresses, contact numbers, grades etc.

iii. Information is reasonably necessary and directly related to School

functions or purposes

Authorized school personnel shall collect personal information

which is reasonably necessary or directly related to the School’s primary
or secondary functions or activities. Personal Information shall not be
collected in anticipation that it may be useful in the future (“just in case” it
is needed). The physical records or those which are not digital stored and
secured in VP-GREEN VALE ACADEMY INC data base are stored in the
particular offices of the each Department. For student records from
previous years which are required to perpetually stored and maintained by
the School, a warehouse in a secured location is maintained by a third
party tasked to physically store and secure the records. Access is restricted
where such records may only be retrieved upon specific instructions of the
School Registrar and only for legitimate purposes or upon request of the
student or alumni for copies of their individual school record or pursuant
to the School Registrar’s procedures and policies on request for records.

Personal information shall be collected by lawful and fair means,

which is allowed under the School’s policies and the provisions of the
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MORPE.

Example: For foreign students, nationality, ACR numbers, passport numbers and
the contact numbers of the parents are guardians are necessary in case of
emergencies and other situations where the student’s parents or embassy are
required to be notified.

VI. USE AND DISCLOSURE OF INFORMATION

Authorized school personnel are allowed to access, use and process

said information for legitimate primary or secondary purposes of the
School and/or that which is stated in the privacy statement contained in the
forms or documents signed by the students, third parties or employees.

a. Primary Purpose

As an educational institution, personal information is collected

primarily for the educational purposes of the students and employment
purposes. This includes monitoring academic activities as well as
extracurricular activities of students, pursuant to the Manual of Regulation
for Private Education, and monitoring potential and current employees in
accordance with labor laws. This also includes information collected for
purposes set out in the privacy statements contained in the documents
signed by students or employees. Such information is allowed to be
processed and used by authorized personnel for such purposes.

b. Secondary Purposes

Secondary purposes are those which are collateral to the primary

purposes and which are necessary to process the information. This include
monitoring the current administrative or disciplinary standing (for student
and employee discipline), financial condition (for scholarship purposes) or
the health and psychological wellness of students and employees (health
purposes). Authorized university personnel are allowed to use personal
information collected and/or processed for such purposes provided the
following circumstances are present:

i. the student or employee has consented to the use or disclosure for the
secondary purpose; or
ii. the student or employee would reasonably expect the School through its
authorized personnel to use, or process personal information for secondary
purpose and that the secondary purposes are directly related to the primary
purposes; or
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c. Sensitive Personal Information

Sensitive personal information may not be disclosed or processed,

except in any of the following cases:

i. Consent is given by data subject, prior to the processing of the sensitive

personal information or privileged information, which shall be undertaken
pursuant to a declared, specified, and legitimate purpose of the School.
ii. The processing of the sensitive personal information provided for by
existing laws and regulations, such as medical history required under the
Manual of Regulation for Private Education to be disclosed by the student
as part of the monitoring of the health of the student, provided, that said
laws and regulations do not require the consent of the data subject for the
processing, and guarantee the protection of personal data.
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iii. The processing is necessary to protect the life and health of the data
subject or another person, and the data subject is not legally or physically
able to express his or her consent prior to the processing.
iv. The processing is necessary to achieve the lawful and noncommercial
objectives of public organizations and their associations provided that
the processing is confined and related to the bona fide members of these
organizations or their associations; the sensitive personal information are
not transferred to third parties; and consent of the data subject was
obtained prior to processing.
v. The processing is necessary for the purpose of medical treatment:
Provided, that it is carried out by a medical practitioner or a medical
treatment institution, and an adequate level of protection of personal data
is ensured.
vi. The processing concerns sensitive personal information or privileged
information necessary for the protection of lawful rights and interests of
natural or legal persons in court proceedings, or the establishment,
exercise, or defense of legal claims, or when provided to government or
public authority pursuant to a constitutional or statutory mandate.

d. Government-Related Use and Disclosures

Personal information is allowed to be used and disclosed to
government agencies to satisfy reportorial requirements in line with their
constitutionally or legislatively mandated functions pursuant to existing
education or labor laws or when the use of pursuant to lawful order of a
court or tribunal.

VII. ACCURACY OF INFORMATION

a. Verification of information
Authorized school personnel must take reasonable steps to ensure
that the personal information collected or processed, up-to-date, complete,
relevant and not misleading.
The information collected from students and employees is verified
by the particular departments collecting the information. Student
information is verified by the School Registrar’s Office while the HRD
conducts the verification of employee information and background
checks.
b. Correction, or update of information
Students may update their personal information through forms
available from the School Registrar’s Office, or in their respective
Schools, while for employees they may write to or directly go to the HRD
Office to update their information. In case of erroneous or false
information, the students or employees may have the information
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corrected, rectified, blocked or erased (blocking and erasure only to the

extent allowed by MORPE and other applicable laws) using the same
process.
VIII. SECURITY OF PERSONAL INFORMATION

A. Security Measures

i. Organizational Measures

a) Appointment of Data Privacy/Protection (DPO) and Data Privacy

Response Team
In line with the School’s mandate to comply with the DPA and its IRR to
secure the personal information of its students, parents, employees and
third parties, the School has designated its Data Privacy/Protection Officer
(DPO) who is tasked to designated to monitor and ensure the
implementation of the DPA and its IRR and the Data Privacy policies of
the School. Members of the Data Privacy Response Team were also
designated. The DPO is the de-facto head of the Data Privacy Response
Team which is tasked to respond to inquiries and complaints relating to
data privacy and to assist in the monitoring and implementation of the
Data Privacy policy of the School.
b) Institutional Data Privacy Manual

The School has data privacy policies are contained in the institutional Data
Privacy Manual which is reviewed annually and regularly updated.
c) Conduct of Awareness Campaign and Data Privacy Trainings

The School regularly conducts awareness campaigns and data privacy

trainings as part of its commitment to ensure that all its students and
employees comply with its data privacy policies.
d) Conduct of Privacy Impact Assessments

To ensure that the potential privacy impact of the School’s processes,

information system programs and other initiatives which process personal
information of students, employees and third parties are evaluated, privacy
impact assessments are conducted for such projects, programs and
initiatives.
ii. Information Technology
The School shall take reasonable steps to protect the personal
information in its possession from misuse, loss or unauthorized access,
modification or disclosure.
As most of the personal information of students and employees are
stored in the School data bases, access to personal information in digital or
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digitized form by authorized IT personnel is restricted and individually

identifiable. An approval process is in place for internal requests (i.e.
special requests for authority to view student profile for disciplinary cases,
counselling, or health concerns) for access to restricted student or
employee records contained in the School information systems. As a
general rule only authorized personnel with the necessary approvals may
request for access of the information systems of personal information in
accordance with the procedure established by DOIT, and Article VIII (B)
of this Manual.
Physical access to the servers and network equipment is highly
restricted to authorized personnel only. Various security appliances and
devices are employed to safeguard the school network and its systems.
24-hour security is also provided by the School to secure the areas
where the School data centers are located.
iii. Physical Arrangement/Facilities
Access to student and employee personal information is limited to
authorized personnel of the specific departments collecting or processing
the information.
Aside from access restriction, the storage facilities for the hard
copies of documents containing personal information are also secured (i.e
locked) in cabinets or storage facilities. Only authorized personnel can
open or have access to keys to the storage facilities. The storage units or
facilities are placed in areas which are not usually accessible to the public,
safe from physical hazards such as rain, wind and dust, and located in
areas which are usually manned by the authorized personnel.
Round the clock security is also provided for the entire School
including areas where the hard copies of such documents are kept and
secured.
B. Request for Access
As a general rule, only authorized personnel shall have access to student
or employee personal information. Students or parents or guardians (in case of
minors) who wish to have access to their own personal information may
submit a written request directly to the Registrar’s Office and may be allowed
access to their specific individual information or given copies, pursuant to the
policies and guidelines on requesting for access or copies of student records.
Request for information through telephone is not allowed. In case of email
inquiry, proof of actual parent or student identity shall be submitted along
with the email request.
Employees who wish to view the personal information in their
individual personnel file may file a written request or directly go to the
HRD Office, and request for viewing of such information in the presence
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of an authorized personnel of the department.

As a general rule only authorized personnel may be allowed to
have access to the personal information subject to the procedure
established in this section. In such cases where any individual or entity
[other than the student, parent or guardian in case of minors, or employee]
wishes to have access pursuant to the instances or exceptions provided
under Data Privacy Act or Article VI of this Manual, a written request
shall be submitted to the Department Head who may either endorse or
reject the same. If approved, the endorsed request shall be submitted to the
DPO or her duly authorized representative for approval. If the request
involves digital or digitized data, then the approval of the DOIT Director is
required prior to endorsement of the Department Head to the DPO. Only
written requests properly endorsed by the Department Head shall be
considered for approval.
The written request shall state the name of the requestor, the purpose,
the type of access requested (i.e. copying or viewing only), and the time
frame or time limit within which access shall be given with a guarantee
that the information shall be used solely for purposes allowed by law and a
statement that such shall be treated with utmost confidentiality.
In cases where government agencies empowered under the law to
request for personal information (i.e. BIR, DOH), request for access,
university personnel must ensure that the request is in writing, citing the
authority upon which the request is made. In cases where the request is a
result of a valid order or decision of a tribunal or court, a copy of such
order shall be attached to the written request.
Once approved by the DPO, it shall be transmitted to the Department
Head or appropriate Department for implementation.
The Department Head who endorsed the same shall be responsible
for monitoring compliance of the requestor on the terms of the approved
request (i.e time limit and confidentiality).
In case there is doubt on the propriety of any request for access,
university personnel should consult or seek clearance from the Legal
Affairs Department or the DPO.
C. Retention and Destruction of Personal Information
Under the provisions of the MORPE and existing Labor laws, the
School is required to permanently keep the student and employee records
including the information contained therein. In line with this, no personal
information may be destroyed unless allowed by such laws, and such
destruction, if allowed or authorized by law and the School, must be
documented in writing by the School. Unauthorized destruction should be
reported to the DPO or any member of the Data Response Team pursuant
to the procedure stated in the succeeding section.
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IX. Inquiry, Complaints and Breach Management

a. Inquiry on Data Privacy issues

Data subjects may inquire or request for information from the Data
Privacy Response Team, regarding any matter relating to the processing of
their personal data under the custody of VP-GREEN VALE ACADEMY
INC, including the data privacy and security policies implemented to
ensure the protection of their personal data.

b. Procedure for Complaints and Breach Management

Any suspected or actual breach of the VP-GREEN VALE ACADEMY

INC, Data privacy policy, violation of data privacy rights, or any breach,
loss or unauthorized access or disclosure of personal information in the
possession or under the custody of the School must be reported
immediately to the any member of the Data Privacy Response Team.
In case of a complaint for violation of the VP-GREEN VALE
ACADEMY INC Data Privacy Policies as contained in the provisions of
this Manual, or any serious breach, loss or unauthorized access, disclosure
or destruction of personal information in the possession or under the
custody of the School and within reasonable time, the DPO or any (2)
members of the Privacy Team shall conduct a verification of the
allegations in the complaint, and if warranted, and an official investigation
in cases of serious security breach as provided under Republic Act No.
10173 or the Data Privacy Act of 2012 and its Implementing Rules and
Regulations Act, and shall report the same to the National Privacy
Commission within seventy-two (72) hours from knowledge thereof, and
in cases of breach of personal data, the DPO shall initiate the breach
management procedure as provided in the policies of the School which
includes conducting an investigation on the matter, risk assessment,
containment, recovery and recommendation on permanent corrective
measures

The DPO may also convene the entire team in case of a complaint,
or motu-propio in case the violation of policies or data breach, loss,
unauthorized access or destruction as an investigation committee to
recommend actions, particularly when the violation is serious or causes or
has the potential to cause material damage to the School or any of its
students or employees. Such recommendation shall be submitted to the
President of the School for approval. Any appeal on such approved
recommendation/Decision shall be made by any of the affected parties
within 15 days from receipt of the approved Decision.
X. PRIVACY IMPACT ASSESSMENTS

To assess the potential privacy impact of the School’s processes,

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information system programs and other initiatives which process personal

information of students, employees or third parties in consultation with the
School stakeholders, privacy impact assessments shall be conducted prior
to implementation to identify and minimize potential privacy risks.

The privacy impact assessment shall include the following:

a. systematic description of the process, nature, scope, context and the

purposes of the processing, including, where applicable, the legitimate
interest pursued by School;
b. assessment of the necessity, proportionality of the processing operations in
relation to the purposes and compliance measures;
c. identification and assessment of the risks to the rights and freedoms of data
subjects;
d. identification and additional measures to be placed to address and mitigate
the risks, including safeguards, security measures and mechanisms to
ensure the protection of personal data and to demonstrate compliance with
DPA, its IRR and the School Data Privacy policies into account the rights
and legitimate interests of data subjects and other persons concerned.

Privacy impact assessments conducted for VP-GREEN VALE

ACADEMY INC processes or projects shall be evaluated by the DPO and
shall be submitted to the President for approval.

XI. EFFECTIVITY

The provisions of this revised Manual shall take effect on June, 2022.
XII. ANNEXES

A. Data Privacy Act of 2012

Republic of the Philippines Congress of the Philippines Metro Manila

Fifteenth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July,

two thousand eleven. [REPUBLIC ACT NO. 10173]

AN ACT PROTECTING INDIVIDUAL PERSONAL

INFORMATION IN INFORMATION AND COMMUNICATIONS
SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR,
CREATING FOR THIS PURPOSE A NATIONAL PRIVACY
COMMISSION, AND FOR OTHER PURPOSES

Be it enacted, by the Senate and House of Representatives of the

Philippines in Congress assembled:
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CHAPTER I GENERAL PROVISIONS

SECTION 1. Short Title. – This Act shall be known as the “Data Privacy
Act of 2012”.

SEC. 2. Declaration of Policy. – It is the policy of the State to protect the

fundamental human right of privacy, of communication while ensuring free
flow of information to promote innovation and growth. The State recognizes
the vital role of information and communications technology in nation-
building and its inherent obligation to ensure that personal information in
information and communications systems in the government and in the
private sector are secured and protected.

SEC. 3. Definition of Terms. – Whenever used in this Act, the following

terms shall have the respective meanings hereafter set forth:

(a) Commission shall refer to the National Privacy Commission created by

virtue of this Act.

(b) Consent of the data subject refers to any freely given, specific,
informed indication of will, whereby the data subject agrees to the
collection and processing of personal information about and/or relating to
him or her. Consent shall be evidenced by written, electronic or recorded
means. It may also be given on behalf of the data subject by an agent
specifically authorized by the data subject to do so.

(c) Data subject refers to an individual whose personal information is

processed.
(d) Direct marketing refers to communication by whatever means of any
advertising or marketing material which is directed to particular
individuals.

(e) Filing system refers to any act of information relating to natural or

juridical persons to the extent that, although the information is not
processed by equipment operating automatically in response to instructions
given for that purpose, the set is structured, either by reference to
individuals or by reference to criteria relating to individuals, in such a way
that specific information relating to a particular person is readily
accessible.

(f) Information and Communications System refers to a system for

generating, sending, receiving, storing or otherwise processing electronic
data messages or electronic documents and includes the computer system
or other similar device by or which data is recorded, transmitted or stored
and any procedure related to the recording, transmission or storage of
electronic data, electronic message, or electronic document.

(g) Personal information refers to any information whether recorded in a

material form or not, from which the identity of an individual is apparent
 lOMoARcPSD|20692971

or can be reasonably and directly ascertained by the entity holding the

information, or when put together with other information would directly
and certainly identify an individual.

(h) Personal information controller refers to a person or organization who

controls the collection, holding, processing or use of personal information,
including a person or organization who instructs another person or
organization to collect, hold, process, use, transfer or disclose personal
information on his or her behalf. The term excludes:

(1) A person or organization who performs such functions as instructed by

another person or organization; and

(2) An individual who collects, holds, processes or uses personal

information in connection with the individual’s personal, family or
household affairs.

(i) Personal information processor refers to any natural or juridical

person qualified to act as such under this Act to whom a personal
information controller may outsource the processing of personal data
pertaining to a data subject.

(j) Processing refers to any operation or any set of operations performed

upon personal information including, but not limited to, the collection,
recording, organization, storage, updating or modification, retrieval,
consultation, use, consolidation, blocking, erasure or destruction of data.

(k) Privileged information refers to any and all forms of data which under
the Rules of Court and other pertinent laws constitute privileged
communication.

(l) Sensitive personal information refers to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color,
and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a
person, or to any proceeding for any offense committed or alleged to have
been committed by such person, the disposal of such proceedings, or the
sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which

includes, but not limited to, social security numbers, previous or cm-rent
health records, licenses or its denials, suspension or revocation, and tax
returns; and

(4) Specifically established by an executive order or an act of Congress to be

kept classified.
 lOMoARcPSD|20692971

SEC. 4. Scope. – This Act applies to the processing of all types of personal
information and to any natural and juridical person involved in personal
information processing including those personal information controllers
and processors who, although not found or established in the Philippines,
use equipment that are located in the Philippines, or those who maintain an
office, branch or agency in the Philippines subject to the immediately
succeeding paragraph: Provided, That the requirements of Section 5 are
complied with.

This Act does not apply to the following:

(a) Information about any individual who is or was an officer or employee

of a government institution that relates to the position or functions of the
individual, including:

(1) The fact that the individual is or was an officer or employee of the
government institution;

(2) The title, business address and office telephone number of the individual;

(3) The classification, salary range and responsibilities of the position held by
the individual; and

(4) The name of the individual on a document prepared by the individual

in the course of employment with the government;

(b) Information about an individual who is or was performing service

under contract for a government institution that relates to the services
performed, including the terms of the contract, and the name of the
individual given in the course of the performance of those services;

(c) Information relating to any discretionary benefit of a financial nature

such as the granting of a license or permit given by the government to an
individual, including the name of the individual and the exact nature of the
benefit;

(d) Personal information processed for journalistic, artistic, literary or research

purposes;

(e) Information necessary in order to carry out the functions of public

authority which includes the processing of personal data for the performance
by the independent, central monetary authority
and law enforcement and regulatory agencies of their constitutionally and
statutorily mandated functions. Nothing in this Act shall be construed as to
have amended or repealed Republic Act No. 1405, otherwise known as the
Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as
the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known
 lOMoARcPSD|20692971

as the Credit Information System Act (CISA);

(f) Information necessary for banks and other financial institutions under
the jurisdiction of the independent, central monetary authority or Bangko
Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic
Act No. 9160, as amended, otherwise known as the Anti-Money
Laundering Act and other applicable laws; and

(g) Personal information originally collected from residents of foreign

jurisdictions in accordance with the laws of those foreign jurisdictions,
including any applicable data privacy laws, which is being processed in the
Philippines.

SEC. 5. Protection Afforded to Journalists and Their Sources. – Nothing

in this Act shall be construed as to have amended or repealed the
provisions of Republic Act No. 53, which affords the publishers, editors or
duly accredited reporters of any newspaper, magazine or periodical of
general circulation protection from being compelled to reveal the source of
any news report or information appearing in said publication which was
related in any confidence to such publisher, editor, or reporter.

SEC. 6. Extraterritorial Application. – This Act applies to an act done or

practice engaged in and outside of the Philippines by an entity if:

(a) The act, practice or processing relates to personal information about a

Philippine citizen or a resident;

(b) The entity has a link with the Philippines, and the entity is processing
personal information in the Philippines or even if the processing is outside
the Philippines as long as it is about Philippine citizens or residents such
as, but not limited to, the following:

(1) A contract is entered in the Philippines;

(2) A juridical entity unincorporated in the Philippines but has central

management and control in the country; and

(3) An entity that has a branch, agency, office or subsidiary in the

Philippines and the parent or affiliate of the Philippine entity has access to
personal information; and

(c) The entity has other links in the Philippines such as, but not limited to:

(1) The entity carries on business in the Philippines; and

(2) The personal information was collected or held by an entity in the

Philippines.
lOMoARcPSD|20692971

21
 lOMoARcPSD|20692971

CHAPTER II
THE NATIONAL PRIVACY COMMISSION

SEC. 7. Functions of the National Privacy Commission. – To administer

and implement the provisions of this Act, and to monitor and ensure
compliance of the country with international standards set for data
protection, there is hereby created an independent body to be known as the
National Privacy Commission, winch shall have the following functions:

(a) Ensure compliance of personal information controllers with the provisions

of this Act;

(b) Receive complaints, institute investigations, facilitate or enable

settlement of complaints through the use of alternative dispute resolution
processes, adjudicate, award indemnity on matters affecting any personal
information, prepare reports on disposition of complaints and resolution of
any investigation it initiates, and, in cases it deems appropriate, publicize
any such report: Provided, That in resolving any complaint or
investigation (except where amicable settlement is reached by the parties),
the Commission shall act as a collegial body. For this purpose, the
Commission may be given access to personal information that is subject of
any complaint and to collect the information necessary to perform its
functions under this Act;

(c) Issue cease and desist orders, impose a temporary or permanent ban on
the processing of personal information, upon finding that the processing
will be detrimental to national security and public interest;

(d) Compel or petition any entity, government agency or instrumentality

to abide by its orders or take action on a matter affecting data privacy;

(e) Monitor the compliance of other government agencies or

instrumentalities on their security and technical measures and recommend
the necessary action in order to meet minimum standards for protection of
personal information pursuant to this Act;

(f) Coordinate with other government agencies and the private sector on
efforts to formulate and implement plans and policies to strengthen the
protection of personal information in the country;

(g) Publish on a regular basis a guide to all laws relating to data protection;

(h) Publish a compilation of agency system of records and notices,

including index and other finding aids;

(i) Recommend to the Department of Justice (DOJ) the prosecution and

imposition of penalties specified in Sections 25 to 29 of this Act;

(j) Review, approve, reject or require modification of privacy codes

 lOMoARcPSD|20692971

voluntarily adhered to by personal information controllers: Provided, That

the privacy codes shall adhere to the underlying data privacy principles
embodied in this Act: Provided, further, That such privacy codes may
include private dispute resolution mechanisms for complaints against any
participating personal information controller. For this purpose, the
Commission shall consult with relevant regulatory agencies in the
formulation and administration of privacy codes applying the standards set out in
this Act, with respect to the persons, entities, business activities and business
sectors that said regulatory bodies are authorized to principally regulate pursuant
to the law: Provided, finally. That the Commission may review such privacy
codes and require changes thereto for purposes of complying with this Act;

(k) Provide assistance on matters relating to privacy or data protection at

the request of a national or local agency, a private entity or any person;

(l) Comment on the implication on data privacy of proposed national or

local statutes, regulations or procedures, issue advisory opinions and
interpret the provisions of this Act and other data privacy laws;

(m) Propose legislation, amendments or modifications to Philippine laws

on privacy or data protection as may be necessary;

(n) Ensure proper and effective coordination with data privacy regulators
in other countries and private accountability agents, participate in
international and regional initiatives for data privacy protection;

(o) Negotiate and contract with other data privacy authorities of other
countries for cross-border application and implementation of respective
privacy laws;

(p) Assist Philippine companies doing business abroad to respond to

foreign privacy or data protection laws and regulations; and

(q) Generally perform such acts as may be necessary to facilitate cross-

border enforcement of data privacy protection.

SEC. 8. Confidentiality. – The Commission shall ensure at all times the

confidentiality of any personal information that comes to its knowledge
and possession.

SEC. 9. Organizational Structure of the Commission. – The Commission shall

be attached to the Department of Information and Communications
Technology (DICT) and shall be headed by a Privacy Commissioner, who
shall also act as Chairman of the Commission. The Privacy Commissioner
shall be assisted by two (2) Deputy Privacy Commissioners, one to be
responsible for Data Processing Systems and one to be responsible for
Policies and Planning. The Privacy Commissioner and the two (2) Deputy
Privacy Commissioners shall be appointed by the President of the Philippines
for a term of three (3) years, and may be reappointed for another term of three
(3) years. Vacancies in the Commission shall be filled in the same manner
 lOMoARcPSD|20692971

in which the original appointment was made.

The Privacy Commissioner must be at least thirty-five (35) years of age

and of good moral character, unquestionable integrity and known probity,
and a recognized expert in the field of information technology and data
privacy. The Privacy Commissioner shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Secretary.
The Deputy Privacy Commissioners must be recognized experts in the
field of information and communications technology and data privacy.
They shall enjoy the benefits, privileges and emoluments equivalent to the
rank of Undersecretary.

The Privacy Commissioner, the Deputy Commissioners, or any person

acting on their behalf or under their direction, shall not be civilly liable for
acts done in good faith in the performance of their duties. However, he or
she shall be liable for willful or negligent acts done by him or her which
are contrary to law, morals, public policy and good customs even if he or
she acted under orders or instructions of superiors: Provided, That in case
a lawsuit is filed against such official on the subject of the performance of
his or her duties, where such performance is lawful, he or she shall be
reimbursed by the Commission for reasonable costs of litigation.

SEC. 10. The Secretariat. – The Commission is hereby authorized to

establish a Secretariat. Majority of the members of the Secretariat must
have served for at least five (5) years in any agency of the government that
is involved in the processing of personal information including, but not
limited to, the following offices: Social Security System (SSS),
Government Service Insurance System (GSIS), Land Transportation
Office (LTO), Bureau of Internal Revenue (BIR), Philippine Health
Insurance Corporation (PhilHealth), Commission on Elections
(COMELEC), Department of Foreign Affairs (DFA), Department of
Justice (DOJ), and Philippine Postal Corporation (Philpost).

CHAPTER III
PROCESSING OF PERSONAL INFORMATION

SEC. 11. General Data Privacy Principles. – The processing of personal

information shall be allowed, subject to compliance with the requirements
of this Act and other laws allowing disclosure of information to the public
and adherence to the principles of transparency, legitimate purpose and
proportionality.

Personal information must, be:

(a) Collected for specified and legitimate purposes determined and

declared before, or as soon as reasonably practicable after collection, and
later processed in a way compatible with such declared, specified and
legitimate purposes only;
 lOMoARcPSD|20692971

(b) Processed fairly and lawfully;

(c) Accurate, relevant and, where necessary for purposes for which it is to
be used the processing of personal information, kept up to date; inaccurate
or incomplete data must be rectified, supplemented, destroyed or their
further processing restricted;

(d) Adequate and not excessive in relation to the purposes for which they
are collected and processed;
(e) Retained only for as long as necessary for the fulfillment of the
purposes for which the data was obtained or for the establishment, exercise
or defense of legal claims, or for legitimate business purposes, or as
provided by law; and

(f) Kept in a form which permits identification of data subjects for no

longer than is necessary for the purposes for which the data were collected
and processed: Provided, That personal information collected for other
purposes may lie processed for historical, statistical or scientific purposes,
and in cases laid down in law may be stored for longer periods: Provided,
further, That adequate safeguards are guaranteed by said laws authorizing
their processing.

The personal information controller must ensure implementation of

personal information processing principles set out herein.

SEC. 12. Criteria for Lawful Processing of Personal Information. – The

processing of personal information shall be permitted only if not otherwise
prohibited by law, and when at least one of the following conditions exists:

(a) The data subject has given his or her consent;

(b) The processing of personal information is necessary and is related to

the fulfillment of a contract with the data subject or in order to take steps at
the request of the data subject prior to entering into a contract;

(c) The processing is necessary for compliance with a legal obligation to

which the personal information controller is subject;

(d) The processing is necessary to protect vitally important interests of the

data subject, including life and health;

(e) The processing is necessary in order to respond to national emergency,

to comply with the requirements of public order and safety, or to fulfill
functions of public authority which necessarily includes the processing of
personal data for the fulfillment of its mandate; or

(f) The processing is necessary for the purposes of the legitimate interests
pursued by the personal information controller or by a third party or
parties to whom the data is disclosed, except where such interests are
 lOMoARcPSD|20692971

overridden by fundamental rights and freedoms of the data subject which

require protection under the Philippine Constitution.

SEC. 13. Sensitive Personal Information and Privileged Information. – The

processing of sensitive personal information and privileged information shall
be prohibited, except in the following cases:

(a) The data subject has given his or her consent, specific to the purpose
prior to the processing, or in the case of privileged information, all parties
to the exchange have given their consent prior to processing;
(b) The processing of the same is provided for by existing laws and
regulations: Provided, That such regulatory enactments guarantee the
protection of the sensitive personal information and the privileged
information: Provided, further, That the consent of the data subjects are
not required by law or regulation permitting the processing of the sensitive
personal information or the privileged information;

(c) The processing is necessary to protect the life and health of the data
subject or another person, and the data subject is not legally or physically
able to express his or her consent prior to the processing;

(d) The processing is necessary to achieve the lawful and noncommercial

objectives of public organizations and their associations: Provided, That
such processing is only confined and related to the bona fide members of
these organizations or their associations: Provided, further, That the
sensitive personal information are not transferred to third parties:
Provided, finally, That consent of the data subject was obtained prior to
processing;

(e) The processing is necessary for purposes of medical treatment, is

carried out by a medical practitioner or a medical treatment institution, and
an adequate level of protection of personal information is ensured; or

(f) The processing concerns such personal information as is

necessary for the protection of lawful rights and interests of natural or
legal persons in court proceedings, or the establishment, exercise or
defense of legal claims, or when provided to government or public
authority.

SEC. 14. Subcontract of Personal Information. – A personal information

controller may subcontract the processing of personal information:
Provided, That the personal information controller shall be responsible for
ensuring that proper safeguards are in place to ensure the confidentiality of
the personal information processed, prevent its use for unauthorized
purposes, and generally, comply with the requirements of this Act and
other laws for processing of personal information. The personal
information processor shall comply with all the requirements of this Act
and other applicable laws.
 lOMoARcPSD|20692971

SEC. 15. Extension of Privileged Communication. – Personal information

controllers may invoke the principle of privileged communication over
privileged information that they lawfully control or process. Subject to
existing laws and regulations, any evidence gathered on privileged
information is inadmissible.

CHAPTER IV
RIGHTS OF THE DATA SUBJECT

SEC. 16. Rights of the Data Subject. – The data subject is entitled to:

(a) Be informed whether personal information pertaining to him or her

shall be, are being or have been processed;
(b) Be furnished the information indicated hereunder before the entry of
his or her personal information into the processing system of the personal
information controller, or at the next practical opportunity:

(1) Description of the personal information to be entered into the system;

(2) Purposes for which they are being or are to be processed;

(3) Scope and method of the personal information processing;

(4) The recipients or classes of recipients to whom they are or may be

disclosed;

(5) Methods utilized for automated access, if the same is allowed by the
data subject, and the extent to which such access is authorized;

(6) The identity and contact details of the personal information controller or its
representative;

(7) The period for which the information will be stored; and

(8) The existence of their rights, i.e., to access, correction, as well as the
right to lodge a complaint before the Commission.

Any information supplied or declaration made to the data subject on these

matters shall not be amended without prior notification of data subject:
Provided, That the notification under subsection (b) shall not apply should
the personal information be needed pursuant to a subpoena or when the
collection and processing are for obvious purposes, including when it is
necessary for the performance of or in relation to a contract or service or
when necessary or desirable in the context of an employer-employee
relationship, between the collector and the data subject, or when the
information is being collected and processed as a result of legal obligation;

(c) ) Reasonable access to, upon demand, the following:

 lOMoARcPSD|20692971

(1) Contents of his or her personal information that were processed;

(2) Sources from which personal information were obtained;

(3) Names and addresses of recipients of the personal information;

(4) Manner by which such data were processed;

(5) Reasons for the disclosure of the personal information to recipients;

(6) Information on automated processes where the data will or likely to be

made as the sole basis for any decision significantly affecting or will affect
the data subject;
(7) Date when his or her personal information concerning the data subject
were last accessed and modified; and

(8) The designation, or name or identity and address of the personal

information controller;

(d) Dispute the inaccuracy or error in the personal information and have
the personal information controller correct it immediately and accordingly,
unless the request is vexatious or otherwise unreasonable. If the personal
information have been corrected, the personal information controller shall
ensure the accessibility of both the new and the retracted information and
the simultaneous receipt of the new and the retracted information by
recipients thereof: Provided, That the third parties who have previously
received such processed personal information shall he informed of its
inaccuracy and its rectification upon reasonable request of the data subject;

(e) Suspend, withdraw or order the blocking, removal or destruction of his

or her personal information from the personal information controller’s
filing system upon discovery and substantial proof that the personal
information are incomplete, outdated, false, unlawfully obtained, used for
unauthorized purposes or are no longer necessary for the purposes for
which they were collected. In this case, the personal information controller
may notify third parties who have previously received such processed
personal information; and

(f) Be indemnified for any damages sustained due to such inaccurate,

incomplete, outdated, false, unlawfully obtained or unauthorized use of
personal information.

SEC. 17. Transmissibility of Rights of the Data Subject. – The lawful heirs
and assigns of the data subject may invoke the rights of the data subject
for, which he or she is an heir or assignee at any time after the death of the
data subject or when the data subject is incapacitated or incapable of
exercising the rights as enumerated in the immediately preceding section.
 lOMoARcPSD|20692971

SEC. 18. Right to Data Portability. – The data subject shall have the right,
where personal information is processed by electronic means and in a
structured and commonly used format, to obtain from the personal
information controller a copy of data undergoing processing in an
electronic or structured format, which is commonly used and allows for
further use by the data subject. The Commission may specify the
electronic format referred to above, as well as the technical standards,
modalities and procedures for their transfer.

SEC. 19. Non-Applicability. – The immediately preceding sections are not

applicable if the processed personal information are used only for the
needs of scientific and statistical research and, on the basis of such, no
activities are carried out and no decisions are taken regarding the data
subject: Provided, That the personal information shall be held under strict
confidentiality and shall be used only for the declared purpose.
Likewise, the immediately preceding sections are not applicable to
processing of personal information gathered for the purpose of
investigations in relation to any criminal, administrative or tax liabilities of
a data subject.
 lOMoARcPSD|20692971

CHAPTER V
SECURITY OF PERSONAL INFORMATION

SEC. 20. Security of Personal Information. – (a) The personal information

controller must implement reasonable and appropriate organizational,
physical and technical measures intended for the protection of personal
information against any accidental or unlawful destruction, alteration and
disclosure, as well as against any other unlawful processing.

(b) The personal information controller shall implement reasonable and

appropriate measures to protect personal information against natural
dangers such as accidental loss or destruction, and human dangers such as
unlawful access, fraudulent misuse, unlawful destruction, alteration and
contamination.

(c) The determination of the appropriate level of security under this

section must take into account the nature of the personal information to be
protected, the risks represented by the processing, the size of the
organization and complexity of its operations, current data privacy best
practices and the cost of security implementation. Subject to guidelines as
the Commission may issue from time to time, the measures implemented
must include:

(1) Safeguards to protect its computer network against accidental,

unlawful or unauthorized usage or interference with or hindering of their
functioning or availability;

(2) A security policy with respect to the processing of personal information;

(3) A process for identifying and accessing reasonably foreseeable

vulnerabilities in its computer networks, and for taking preventive,
corrective and mitigating action against security incidents that can lead to a
security breach; and

(4) Regular monitoring for security breaches and a process for taking
preventive, corrective and mitigating action against security incidents that
can lead to a security breach.

(d) The personal information controller must further ensure that third
parties processing personal information on its behalf shall implement the
security measures required by this provision.

(e) The employees, agents or representatives of a personal information

controller who are involved in the processing of personal information shall
operate and hold personal information under strict confidentiality if the
personal information are not intended for public disclosure. This obligation
shall continue even after leaving the public service, transfer to another
position or upon termination of employment or contractual relations.
 lOMoARcPSD|20692971

(f) The personal information controller shall promptly notify the

Commission and affected data subjects when sensitive personal information
or other information that may, under the circumstances, be used to enable
identity fraud are reasonably believed to have been acquired by an
unauthorized person, and the personal information controller or the
Commission believes (bat such unauthorized acquisition is likely to give rise
to a real risk of serious harm to any affected data subject. The notification
shall at least describe the nature of the breach, the sensitive personal
information possibly involved, and the measures taken by the entity to address
the breach. Notification may be delayed only to the extent necessary to determine
the scope of the breach, to prevent further disclosures, or to restore reasonable
integrity to the information and communications system.

(1) In evaluating if notification is unwarranted, the Commission may take

into account compliance by the personal information controller with this
section and existence of good faith in the acquisition of personal
information.

(2) The Commission may exempt a personal information controller from

notification where, in its reasonable judgment, such notification would not
be in the public interest or in the interests of the affected data subjects.

(3) The Commission may authorize postponement of notification where it

may hinder the progress of a criminal investigation related to a serious
breach.

CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL
INFORMATION

SEC. 21. Principle of Accountability. – Each personal information

controller is responsible for personal information under its control or
custody, including information that have been transferred to a third party
for processing, whether domestically or internationally, subject to cross-
border arrangement and cooperation.

(a) The personal information controller is accountable for complying with

the requirements of this Act and shall use contractual or other reasonable
means to provide a comparable level of protection while the information
are being processed by a third party.

(b) The personal information controller shall designate an individual or

individuals who are accountable for the organization’s compliance with
this Act. The identity of the individual(s) so designated shall be made
known to any data subject upon request.

CHAPTER VII
SECURITY OF SENSITIVE PERSONAL INFORMATION IN
GOVERNMENT
 lOMoARcPSD|20692971

SEC 22. Responsibility of Heads of Agencies. – All sensitive personal

information maintained by the government, its agencies and
instrumentalities shall be secured, as far as practicable, with the use of the
most appropriate standard recognized by the information and
communications technology industry, and as recommended by the
Commission. The head of each government agency or instrumentality shall
be responsible for complying with the security requirements mentioned
herein while the Commission shall monitor the compliance and may
recommend the necessary action in order to satisfy the minimum
standards.

SEC. 23. Requirements Relating to Access by Agency Personnel to Sensitive

Personal Information.
– (a) On-site and Online Access – Except as may be allowed through
guidelines to be issued by the Commission, no employee of the government
shall have access to sensitive personal information on government
property or through online facilities unless the employee has received a
security clearance from the head of the source agency.

(b) Off-site Access – Unless otherwise provided in guidelines to be issued

by the Commission, sensitive personal information maintained by an
agency may not be transported or accessed from a location off government
property unless a request for such transportation or access is submitted and
approved by the head of the agency in accordance with the following
guidelines:

(1) Deadline for Approval or Disapproval – In the case of any request

submitted to the head of an agency, such head of the agency shall approve
or disapprove the request within two (2) business days after the date of
submission of the request. In case there is no action by the head of the
agency, then such request is considered disapproved;

(2) Limitation to One thousand (1,000) Records – If a request is approved,

the head of the agency shall limit the access to not more than one thousand
(1,000) records at a time; and

(3) Encryption – Any technology used to store, transport or access

sensitive personal information for purposes of off-site access approved
under this subsection shall be secured by the use of the most secure
encryption standard recognized by the Commission.

The requirements of this subsection shall be implemented not later than six
(6) months after the date of the enactment of this Act.

SEC. 24. Applicability to Government Contractors. – In entering into any

contract that may involve accessing or requiring sensitive personal
information from one thousand (1,000) or more individuals, an agency
shall require a contractor and its employees to register their personal
information processing system with the Commission in accordance with
 lOMoARcPSD|20692971

this Act and to comply with the other provisions of this Act including the
immediately preceding section, in the same manner as agencies and
government employees comply with such requirements.

CHAPTER VIII PENALTIES

SEC. 25. Unauthorized Processing of Personal Information and Sensitive

Personal Information.
– (a) The unauthorized processing of personal information shall be
penalized by imprisonment ranging from one (1) year to three (3) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Two million pesos (Php2,000,000.00) shall be imposed
on persons who process personal information without the consent of the
data subject, or without being authorized under this Act or any existing
law.

(b) The unauthorized processing of personal sensitive information shall be

penalized by imprisonment ranging from three (3) years to six (6) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed
on persons who process personal information without the consent of the
data subject, or without being authorized under this Act or any existing
law.
SEC 26. Accessing Personal Information and Sensitive Personal Information
Due to Negligence.
– (a) Accessing personal information due to negligence shall be penalized
by imprisonment ranging from one (1) year to three (3) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed on persons
who, due to negligence, provided access to personal information without
being authorized under this Act or any existing law.

(b) Accessing sensitive personal information due to negligence shall be

penalized by imprisonment ranging from three (3) years to six (6) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed
on persons who, due to negligence, provided access to personal
information without being authorized under this Act or any existing law.

SEC. 27. Improper Disposal of Personal Information and Sensitive

Personal Information. – (a) The improper disposal of personal information
shall be penalized by imprisonment ranging from six (6) months to two (2)
years and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Five hundred thousand pesos
(Php500,000.00) shall be imposed on persons who knowingly or
negligently dispose, discard or abandon the personal information of an
individual in an area accessible to the public or has otherwise placed the
personal information of an individual in its container for trash collection.
 lOMoARcPSD|20692971

b) The improper disposal of sensitive personal information shall be

penalized by imprisonment ranging from one (1) year to three (3) years
and a fine of not less than One hundred thousand pesos (Php100,000.00)
but not more than One million pesos (Php1,000,000.00) shall be imposed
on persons who knowingly or negligently dispose, discard or abandon the
personal information of an individual in an area accessible to the public or
has otherwise placed the personal information of an individual in its
container for trash collection.

SEC. 28. Processing of Personal Information and Sensitive Personal

Information for Unauthorized Purposes. – The processing of personal
information for unauthorized purposes shall be penalized by
imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00)
shall be imposed on persons processing personal information for purposes
not authorized by the data subject, or otherwise authorized under this Act
or under existing laws.

The processing of sensitive personal information for unauthorized purposes

shall be penalized by imprisonment ranging from two (2) years to seven (7)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons processing sensitive personal information for
purposes not authorized by the data subject, or otherwise authorized under
this Act or under existing laws.

SEC. 29. Unauthorized Access or Intentional Breach. – The penalty of

imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on person who
knowingly and unlawfully, or violating data confidentiality and security data
systems, breaks in any way into any system where personal and sensitive
personal information is stored.
SEC. 30. Concealment of Security Breaches Involving Sensitive Personal
Information. – The penalty of imprisonment of one (1) year and six (6)
months to five (5) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons who, after having
knowledge of a security breach and of the obligation to notify the
Commission pursuant to Section 20(f), intentionally or by omission
conceals the fact of such security breach.

SEC. 31. Malicious Disclosure. – Any personal information controller or

personal information processor or any of its officials, employees or agents,
who, with malice or in bad faith, discloses unwarranted or false
information relative to any personal information or personal sensitive
information obtained by him or her, shall be subject to imprisonment
ranging from one (1) year and six (6) months to five (5) years and a fine of
 lOMoARcPSD|20692971

not less than Five hundred thousand pesos (Php500,000.00) but not more
than One million pesos (Php1,000,000.00).

SEC. 32. Unauthorized Disclosure. – (a) Any personal information

controller or personal information processor or any of its officials,
employees or agents, who discloses to a third party personal information
not covered by the immediately preceding section without the consent of
the data subject, shall he subject to imprisonment ranging from one (1)
year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00).

(b) Any personal information controller or personal information processor or

any of its officials, employees or agents, who discloses to a third party
sensitive personal information not covered by the immediately preceding
section without the consent of the data subject, shall be subject to
imprisonment ranging from three (3) years to five (5) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00).

SEC. 33. Combination or Series of Acts. – Any combination or series of

acts as defined in Sections 25 to 32 shall make the person subject to
imprisonment ranging from three (3) years to six (6) years and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Five
million pesos (Php5,000,000.00).

SEC. 34. Extent of Liability. – If the offender is a corporation, partnership

or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime. If the offender is a
juridical person, the court may suspend or revoke any of its rights under
this Act. If the offender is an alien, he or she shall, in addition to the
penalties herein prescribed, be deported without further proceedings after
serving the penalties prescribed. If the offender is a public official or
employee and lie or she is found guilty of acts penalized under Sections 27
and 28 of this Act, he or she shall, in addition to the penalties prescribed
herein, suffer perpetual or temporary absolute disqualification from office,
as the case may be.
SEC. 35. Large-Scale. – The maximum penalty in the scale of penalties
respectively provided for the preceding offenses shall be imposed when
the personal information of at least one hundred
(100) persons is harmed, affected or involved as the result of the above
mentioned actions.

SEC. 36. Offense Committed by Public Officer. – When the offender or the
person responsible for the offense is a public officer as defined in the
Administrative Code of the Philippines in the exercise of his or her duties,
an accessory penalty consisting in the disqualification to occupy public
office for a term double the term of criminal penalty imposed shall he
 lOMoARcPSD|20692971

applied.

SEC. 37. Restitution. – Restitution for any aggrieved party shall be

governed by the provisions of the New Civil Code.

CHAPTER IX MISCELLANEOUS PROVISIONS

SEC. 38. Interpretation. – Any doubt in the interpretation of any provision

of this Act shall be liberally interpreted in a manner mindful of the rights
and interests of the individual about whom personal information is
processed.

SEC. 39. Implementing Rules and Regulations (IRR). – Within ninety (90)
days from the effectivity of this Act, the Commission shall promulgate the
rules and regulations to effectively implement the provisions of this Act.

SEC. 40. Reports and Information. – The Commission shall annually

report to the President and Congress on its activities in carrying out the
provisions of this Act. The Commission shall undertake whatever efforts it
may determine to be necessary or appropriate to inform and educate the
public of data privacy, data protection and fair information rights and
responsibilities.

SEC. 41. Appropriations Clause. – The Commission shall be provided

with an initial appropriation of Twenty million pesos (Php20,000,000.00)
to be drawn from the national government. Appropriations for the
succeeding years shall be included in the General Appropriations Act. It
shall likewise receive Ten million pesos (Php10,000,000.00) per year for
five (5) years upon implementation of this Act drawn from the national
government.

SEC. 42. Transitory Provision. – Existing industries, businesses and

offices affected by the implementation of this Act shall be given one (1)
year transitory period from the effectivity of the IRR or such other period
as may be determined by the Commission, to comply with the
requirements of this Act.

In case that the DICT has not yet been created by the time the law takes
full force and effect, the National Privacy Commission shall be attached to
the Office of the President.

SEC. 43. Separability Clause. – If any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC. 44. Repealing Clause. – The provision of Section 7 of Republic Act

No. 9372, otherwise known as the “Human Security Act of 2007”, is
hereby amended. Except as otherwise expressly provided in this Act, all
other laws, decrees, executive orders, proclamations and administrative
 lOMoARcPSD|20692971

regulations or parts thereof inconsistent herewith are hereby repealed or

modified accordingly.

SEC. 45. Effectivity Clause. – This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general
circulation.

Approved,

(Sgd.) (Sgd.)
FELICIANO JUAN
BELMONTE PONCE
JR. ENRILE
Speaker of the President of
House the Senate
of
Representatives

This Act which is a consolidation of Senate Bill No. 2965 and House Bill
No. 4115 was finally passed by the Senate and the House of
Representatives on June 6, 2012.

(Sgd.) (Sgd.)
MARILYN EMMA
B. BARUA- LIRIO-
YAP REYES
Secretary Secretary
General of the
Senate
House of
Representativ
es

Approved: AUG 15 2012

(Sgd.) BENIGNO S.
AQUINO III
President of the Philippines
lOMoARcPSD|20692971

35
 lOMoARcPSD|20692971

B. Implementing Rules and Regulations of the Data Privacy Act of 2012

Republic of the Philippines National Privacy Commission

Implementing Rules and Regulations of Republic Act No. 10173,

known as the “Data Privacy Act of 2012

Pursuant to the mandate of the National Privacy Commission to

administer and implement the provisions of the Data Privacy Act of 2012,
and to monitor and ensure compliance of the country with international
standards set for data protection, the following rules and regulations are
hereby promulgated to effectively implement the provisions of the Act:
Rule I. Preliminary Provisions

1. Title
2. Policy
3. Definitions

Rule II. Scope of Application

4. Scope
5. Special Cases
6. Protection afforded to data subjects
7. Protection afforded to journalists and their sources Rule III.

National Privacy Commission

8. Mandate
9. Functions
10. Administrative Issuances
11. Reports and Public Information
12. Confidentiality of Personal Data
13. Organizational Structure
14. Secretariat
15. Effect of Lawful Performance of Duty
16. Magna Carta for Science and Technology Personnel Rule IV.

Data Privacy Principles

17. General Principles

18. Principles of Transparency, Legitimate Purpose and Proportionality
19. Principles in Collection, Processing and Retention
a. Collection must be for a specified and legitimate purpose
b. Personal Data shall be processed fairly and lawfully
c. Processing should ensure data quality
36
 lOMoARcPSD|20692971

d. Personal data shall not be retained longer than necessary

e. Any authorized further processing shall have adequate safeguards
20. Principles for Data Sharing

Rule V. Lawful Processing of Personal Data

21. Lawful Processing of Personal Information

22. Lawful Processing of Sensitive Personal Information and Privileged
Information
23. Extension of Privileged Communication
24. Surveillance of Subjects and Interception of Recording of

Communications Rule VI. Security Measures for Protection of Personal

Data

25. Data Privacy and Security

26. Organizational Security
27. Physical Security
28. Technical Security
29. Appropriate Level of Security

Rule VII. Security of Sensitive Personal Information in Government

30. Responsibility of Heads of Agencies

31. Requirements Relating to Access by Agency Personnel to Sensitive Personal
Information
32. Implementation of Security Requirements
33. Applicability to Government Contractors Rule VIII. Rights of

Data Subject

34. Rights of the Data Subject

a. Right to be informed
b. Right to object
c. Right to access
d. Right to correct
e. Right to rectification, erasure or blocking
35. Transmissibility of Rights of the Data Subject
36. Right to Data Portability
37. Limitation on Rights

Rule IX. Data Breach Notification.

38. Data Breach Notification

39. Contents of Notification
40. Delay of Notification
41. Breach Report
 lOMoARcPSD|20692971

42. Procedure for Notification

Rule X. Outsourcing and Subcontracting Agreements.

43. Subcontract of Personal Data

44. Agreements for Outsourcing
45. Duty of Personal Information Processor

Rule XI. Registration and Compliance Requirements

46. Enforcement of the Data Privacy Act

47. Registration of Data Processing Systems
48. Notification for Automated Processing Operations
49. Review by the Commission Rule XII. Rules on Accountability

50. Accountability for Transfer of Personal Information

51. Accountability for Violation of the Act, these Rules and other

issuances Rule XIII. Penalties

52. Unauthorized Processing of Personal Information and Sensitive Personal

Information
53. Accessing Personal Information and Sensitive Personal Information Due to
Negligence
54. Improper Disposal of Personal Information and Sensitive Personal
Information
55. Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes
56. Unauthorized Access or Intentional Breach
57. Concealment of Security Breaches Involving Sensitive Personal
Information
58. Malicious Disclosure
59. Unauthorized Disclosure
60. Combination or Series of Acts
61. Extent of Liability
62. Large-Scale
63. Offense Committed by Public Officer
64. Restitution
65. Fines and Penalties

Rule XIV. Miscellaneous Provisions

66. Appeal
67. Period for Compliance
68. Appropriations Clause
69. Interpretation
70. Separability Clause
71. Repealing Clause
72. Effectivity Clause
lOMoARcPSD|20692971

38
 lOMoARcPSD|20692971

Rule I. Preliminary Provisions

Section 1. Title. These rules and regulations shall be known as the

“Implementing Rules and Regulations of the Data Privacy Act of 2012”, or
the “Rules”. Section 2. Policy. These Rules further enforce the Data
Privacy Act and adopt generally accepted international principles and
standards for personal data protection. They safeguard the fundamental
human right of every individual to privacy while ensuring free flow of
information for innovation, growth, and national development. These
Rules also recognize the vital role of information and communications
technology in nation-building and enforce the State’s inherent obligation to
ensure that personal data in information and communications systems in
the government and in the private sector are secured and protected. Section
3. Definitions. Whenever used in these Rules, the following terms shall
have the respective meanings hereafter set forth:

a. “Act” refers to Republic Act No. 10173, also known as the Data Privacy
Act of 2012;

b. “Commission” refers to the National Privacy Commission;

c. “Consent of the data subject” refers to any freely given, specific,

informed indication of will, whereby the data subject agrees to the
collection and processing of his or her personal, sensitive personal, or
privileged information. Consent shall be evidenced by written, electronic
or recorded means. It may also be given on behalf of a data subject by a
lawful representative or an agent specifically authorized by the data
subject to do so;

d. “Data subject” refers to an individual whose personal, sensitive

personal, or privileged information is processed;

e. “Data processing systems” refers to the structure and procedure by

which personal data is collected and further processed in an information
and communications system or relevant filing system, including the
purpose and intended output of the processing;

f. “Data sharing” is the disclosure or transfer to a third party of personal

data under the custody of a personal information controller or personal
information processor. In the case of the latter, such disclosure or transfer
must have been upon the instructions of the personal information
controller concerned. The term excludes outsourcing, or the disclosure or
transfer of personal data by a personal information controller to a personal
information processor;

g. “Direct marketing” refers to communication by whatever means of

 lOMoARcPSD|20692971

any advertising or marketing material which is directed to particular

individuals;

h. “Filing system” refers to any set of information relating to natural or

juridical persons to the extent that, although the information is not
processed by equipment operating automatically in response to instructions
given for that purpose, the set is structured, either by reference to
individuals or by reference to criteria relating to individuals, in such a way that
specific information relating to a particular individual is readily accessible;

i. “Information and communications system” refers to a system for

generating, sending, receiving, storing, or otherwise processing electronic
data messages or electronic documents, and includes the computer system
or other similar device by which data is recorded, transmitted, or stored,
and any procedure related to the recording, transmission, or storage of
electronic data, electronic message, or electronic document;

j. “Personal data” refers to all types of personal information;

k. “Personal data breach” refers to a breach of security leading to the

accidental or unlawful destruction, loss, alteration, unauthorized disclosure
of, or access to, personal data transmitted, stored, or otherwise processed;

l. “Personal information” refers to any information, whether recorded in

a material form or not, from which the identity of an individual is apparent
or can be reasonably and directly ascertained by the entity holding the
information, or when put together with other information would directly
and certainly identify an individual;

m. “Personal information controller” refers to a natural or juridical

person, or any other body who controls the processing of personal data, or
instructs another to process personal data on its behalf. The term excludes:

1. A natural or juridical person, or any other body, who performs such

functions as instructed by another person or organization; or

2. A natural person who processes personal data in connection with his or

her personal, family, or household affairs;

There is control if the natural or juridical person or any other body decides
on what information is collected, or the purpose or extent of its processing;

n. “Personal information processor” refers to any natural or juridical

person or any other body to whom a personal information controller may
outsource or instruct the processing of personal data pertaining to a data
subject;

o. “Processing” refers to any operation or any set of operations

performed upon personal data including, but not limited to, the collection,
recording, organization, storage, updating or modification, retrieval,
 lOMoARcPSD|20692971

consultation, use, consolidation, blocking, erasure or destruction of data.

Processing may be performed through automated means, or manual
processing, if the personal data are contained or are intended to be
contained in a filing system;

p. “Profiling” refers to any form of automated processing of personal

data consisting of the use of personal data to evaluate certain personal
aspects relating to a natural person, in particular to analyze or predict
aspects concerning that natural person’s performance at work, economic
situation, health, personal preferences, interests, reliability, behavior, location or
movements;

q. “Privileged information” refers to any and all forms of data, which,

under the Rules of Court and other pertinent laws constitute privileged
communication;

r. “Public authority” refers to any government entity created by the

Constitution or law, and vested with law enforcement or regulatory
authority and functions;

s. “Security incident” is an event or occurrence that affects or tends to

affect data protection, or may compromise the availability, integrity and
confidentiality of personal data. It includes incidents that would result to a
personal data breach, if not for safeguards that have been put in place;

t. Sensitive personal information refers to personal information:

1. About an individual’s race, ethnic origin, marital status, age, color,

and religious, philosophical or political affiliations;

2. About an individual’s health, education, genetic or sexual life of a

person, or to any proceeding for any offense committed or alleged to have
been committed by such individual, the disposal of such proceedings, or
the sentence of any court in such proceedings;

3. Issued by government agencies peculiar to an individual which

includes, but is not limited to, social security numbers, previous or current
health records, licenses or its denials, suspension or revocation, and tax
returns; and

4. Specifically established by an executive order or an act of Congress to be kept

classified.

Rule II. Scope of Application

Section 4. Scope. The Act and these Rules apply to the processing of
personal data by any natural and juridical person in the government or
private sector. They apply to an act done or practice engaged in and
 lOMoARcPSD|20692971

outside of the Philippines if:

a. The natural or juridical person involved in the processing of personal

data is found or established in the Philippines;

b. The act, practice or processing relates to personal data about a

Philippine citizen or Philippine resident;

c. The processing of personal data is being done in the Philippines; or

d. The act, practice or processing of personal data is done or engaged in

by an entity with links to the Philippines, with due consideration to
international law and comity, such as, but not limited to, the following:
1. Use of equipment located in the country, or maintains an office,
branch or agency in the Philippines for processing of personal data;

2. A contract is entered in the Philippines;

3. A juridical entity unincorporated in the Philippines but has central

management and control in the country;

4. An entity that has a branch, agency, office or subsidiary in the

Philippines and the parent or affiliate of the Philippine entity has access to
personal data;

5. An entity that carries on business in the Philippines;

6. An entity that collects or holds personal data in the Philippines.

Section 5. Special Cases. The Act and these Rules shall not apply to the
following specified information, only to the minimum extent of collection,
access, use, disclosure or other processing necessary to the purpose,
function, or activity concerned:

a. Information processed for purpose of allowing public access to

information that fall within matters of public concern, pertaining to:

1. Information about any individual who is or was an officer or employee

of government that relates to his or her position or functions, including:

(a) The fact that the individual is or was an officer or employee of the
government;

(b) The title, office address, and office telephone number of the individual;

(c) The classification, salary range, and responsibilities of the position held by the
individual;
and
 lOMoARcPSD|20692971

(d) The name of the individual on a document he or she prepared in the

course of his or her employment with the government;

2. Information about an individual who is or was performing a service

under contract for a government institution, but only in so far as it relates
to such service, including the name of the individual and the terms of his
or her contract;

3. Information relating to a benefit of a financial nature conferred on an

individual upon the discretion of the government, such as the granting of a
license or permit, including the name of the individual and the exact nature
of the benefit: Provided, that they do not include benefits given in the
course of an ordinary transaction or as a matter of right;
b. Personal information processed for journalistic, artistic or literary
purpose, in order to uphold freedom of speech, of expression, or of the
press, subject to requirements of other applicable law or regulations;

c. Personal information that will be processed for research purpose,

intended for a public benefit, subject to the requirements of applicable
laws, regulations, or ethical standards;

d. Information necessary in order to carry out the functions of public

authority, in accordance with a constitutionally or statutorily mandated
function pertaining to law enforcement or regulatory function, including the
performance of the functions of the independent, central monetary authority,
subject to restrictions provided by law. Nothing in this Act shall be construed
as having amended or repealed Republic Act No. 1405, otherwise known as
the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known
as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise
known as the Credit Information System Act (CISA);

e. Information necessary for banks, other financial institutions under the

jurisdiction of the independent, central monetary authority or Bangko
Sentral ng Pilipinas, and other bodies authorized by law, to the extent
necessary to comply with Republic Act No. 9510 (CISA), Republic Act
No. 9160, as amended, otherwise known as the Anti-Money Laundering
Act, and other applicable laws;

f. Personal information originally collected from residents of foreign

jurisdictions in accordance with the laws of those foreign jurisdictions,
including any applicable data privacy laws, which is being processed in the
Philippines. The burden of proving the law of the foreign jurisdiction falls
on the person or body seeking exemption. In the absence of proof, the
applicable law shall be presumed to be the Act and these Rules:

Provided, that the non-applicability of the Act or these Rules do not extend
to personal information controllers or personal information processors,
 lOMoARcPSD|20692971

who remain subject to the requirements of implementing security measures

for personal data protection: Provided further, that the processing of the
information provided in the preceding paragraphs shall be exempted from
the requirements of the Act only to the minimum extent necessary to
achieve the specific purpose, function, or activity.

Section 6. Protection afforded to Data Subjects.

a. Unless directly incompatible or inconsistent with the preceding

sections in relation to the purpose, function, or activities the non-
applicability concerns, the personal information controller or personal
information processor shall uphold the rights of data subjects, and adhere
to general data privacy principles and the requirements of lawful
processing.

b. The burden of proving that the Act and these Rules are not applicable
to a particular information falls on those involved in the processing of
personal data or the party claiming the non-applicability.

c. In all cases, the determination of any exemption shall be liberally

interpreted in favor of the rights and interests of the data subject.
Section 7. Protection Afforded to Journalists and their Sources.

a. Publishers, editors, or duly accredited reporters of any newspaper,

magazine or periodical of general circulation shall not be compelled to
reveal the source of any news report or information appearing in said
publication if it was related in any confidence to such publisher, editor, or
reporter.

b. Publishers, editors, or duly accredited reporters who are likewise

personal information controllers or personal information processors within
the meaning of the law are still bound to follow the Data Privacy Act and
related issuances with regard to the processing of personal data, upholding
rights of their data subjects and maintaining compliance with other
provisions that are not incompatible with the protection provided by
Republic Act No. 53.

Rule III. National Privacy Commission

Section 8. Mandate. The National Privacy Commission is an independent

body mandated to administer and implement the Act, and to monitor and
ensure compliance of the country with international standards set for
personal data protection. Section 9. Functions. The National Privacy
Commission shall have the following functions:

a. Rule Making. The Commission shall develop, promulgate, review or

 lOMoARcPSD|20692971

amend rules and regulations for the effective implementation of the Act.
This includes:

1. Recommending organizational, physical and technical security

measures for personal data protection, encryption, and access to sensitive
personal information maintained by government agencies, considering the
most appropriate standard recognized by the information and
communications technology industry, as may be necessary;

2. Specifying electronic format and technical standards, modalities and

procedures for data portability, as may be necessary;

3. Issuing guidelines for organizational, physical, and technical security

measures for personal data protection, taking into account the nature of the
personal data to be protected, the risks presented by the processing, the
size of the organization and complexity of its operations, current data
privacy best practices, cost of security implementation, and the most
appropriate standard recognized by the information and communications
technology industry, as may be necessary;

4. Consulting with relevant regulatory agencies in the formulation,

review, amendment, and administration of privacy codes, applying the
standards set out in the Act, with respect to the persons, entities, business
activities, and business sectors that said regulatory bodies are authorized to
principally regulate pursuant to law;
5. Proposing legislation, amendments or modifications to Philippine laws
on privacy or data protection, as may be necessary;

6. Ensuring proper and effective coordination with data privacy

regulators in other countries and private accountability agents;

7. Participating in international and regional initiatives for data privacy

protection.

b. Advisory. The Commission shall be the advisory body on matters

affecting protection of personal data. This includes:

1. Commenting on the implication on data privacy of proposed national

or local statutes, regulations or procedures, issuing advisory opinions, and
interpreting the provisions of the Act and other data privacy laws;

2. Reviewing, approving, rejecting, or requiring modification of privacy

codes voluntarily adhered to by personal information controllers, which
may include private dispute resolution mechanisms for complaints against
any participating personal information controller, and which adhere to the
underlying data privacy principles embodied in the Act and these Rules;

3. Providing assistance on matters relating to privacy or data protection

at the request of a national or local agency, a private entity or any person,
 lOMoARcPSD|20692971

including the enforcement of rights of data subjects;

4. Assisting Philippine companies doing business abroad to respond to

data protection laws and regulations.

c. Public Education. The Commission shall undertake necessary or

appropriate efforts to inform and educate the public of data privacy, data
protection, and fair information rights and responsibilities. This includes:

1. Publishing, on a regular basis, a guide to all laws relating to data protection;

2. Publishing a compilation of agency system of records and notices,

including index and other finding aids;

3. Coordinating with other government agencies and the private sector

on efforts to formulate and implement plans and policies to strengthen the
protection of personal data in the country;

d. Compliance and Monitoring. The Commission shall perform

compliance and monitoring functions to ensure effective implementation
of the Act, these Rules, and other issuances. This includes:

1. Ensuring compliance by personal information controllers with the

provisions of the Act;
2. Monitoring the compliance of all government agencies or
instrumentalities as regards their security and technical measures, and
recommending the necessary action in order to meet minimum standards
for protection of personal data pursuant to the Act;

3. Negotiating and contracting with other data privacy authorities of

other countries for cross-border application and implementation of
respective privacy laws;

4. Generally performing such acts as may be necessary to facilitate cross-

border enforcement of data privacy protection;

5. Managing the registration of personal data processing systems in the

country, including the personal data processing system of contractors and
their employees entering into contracts with government agencies that
involves accessing or requiring sensitive personal information of at least
one thousand (1,000) individuals.

e. Complaints and Investigations. The Commission shall adjudicate on

complaints and investigations on matters affecting personal data: Provided,
that In resolving any complaint or investigation, except where amicable
settlement is reached by the parties, the Commission shall act as a collegial
body. This includes:

1. Receiving complaints and instituting investigations regarding

 lOMoARcPSD|20692971

violations of the Act, these Rules, and other issuances of the Commission,
including violations of the rights of data subjects and other matters
affecting personal data;

2. Summoning witnesses, and requiring the production of evidence by a

subpoena duces tecum for the purpose of collecting the information
necessary to perform its functions under the Act: Provided, that the
Commission may be given access to personal data that is subject of any
complaint;

3. Facilitating or enabling settlement of complaints through the use of

alternative dispute resolution processes, and adjudicating on matters
affecting any personal data;

4. Preparing reports on the disposition of complaints and the resolution

of any investigation it initiates, and, in cases it deems appropriate,
publicizing such reports;

f. Enforcement. The Commission shall perform all acts as may be

necessary to effectively implement the Act, these Rules, and its other
issuances, and to enforce its Orders, Resolutions or Decisions, including
the imposition of administrative sanctions, fines, or penalties. This
includes:

1. Issuing compliance or enforcement orders;

2. Awarding indemnity on matters affecting any personal data, or rights of

data subjects;

3. Issuing cease and desist orders, or imposing a temporary or permanent

ban on the processing of personal data, upon finding that the processing
will be detrimental to national security or public interest, or if it is
necessary to preserve and protect the rights of data subjects;
4. Recommending to the Department of Justice (DOJ) the prosecution of
crimes and imposition of penalties specified in the Act;

5. Compelling or petitioning any entity, government agency, or

instrumentality, to abide by its orders or take action on a matter affecting
data privacy;

6. Imposing administrative fines for violations of the Act, these Rules,

and other issuances of the Commission.

g. Other functions. The Commission shall exercise such other functions

as may be necessary to fulfill its mandate under the Act.

Section 10. Administrative Issuances. The Commission shall publish or

issue official directives and administrative issuances, orders, and circulars,
 lOMoARcPSD|20692971

which include:

a. Rules of procedure in the exercise of its quasi-judicial functions,

subject to the suppletory application of the Rules of Court;

b. Schedule of administrative fines and penalties for violations of the

Act, these Rules, and issuances or Orders of the Commission, including
the applicable fees for its administrative services and filing fees;

c. Procedure for registration of data processing systems, and notification;

d. Other administrative issuances consistent with its mandate and other

functions.

Section 11. Reports and Information. The Commission shall report annually
to the President and Congress regarding its activities in carrying out the
provisions of the Act, these Rules, and its other issuances. It shall undertake
all efforts it deems necessary or appropriate to inform and educate the public
of data privacy, data protection, and fair information rights and
responsibilities. Section 12. Confidentiality of Personal Data. Members,
employees, and consultants of the Commission shall ensure at all times the
confidentiality of any personal data that come to their knowledge and
possession: Provided, that such duty of confidentiality shall remain even after
their term, employment, or contract has ended. Section 13. Organizational
Structure. The Commission is attached to the Department of Information and
Communications Technology for policy and program coordination in
accordance with Section 38(3) of Executive Order No. 292, series of 1987,
also known as the Administrative Code of 1987. The Commission shall
remain completely independent in the performance of its functions. The
Commission shall be headed by a Privacy Commissioner, who shall act as
Chairman of the Commission. The Privacy Commissioner must be at least
thirty-five (35) years of age and of good moral character, unquestionable
integrity and known probity, and a recognized expert in the field of
information technology and data privacy. The Privacy Commissioner shall
enjoy the benefits, privileges, and emoluments equivalent to the rank of
Secretary. The Privacy Commissioner shall be assisted by two (2) Deputy
Privacy Commissioners. One shall be responsible for Data Processing
Systems, while the other shall be responsible for Policies and Planning. The
Deputy Privacy Commissioners must be recognized expert in the field of
information and communications technology and data privacy. They shall enjoy
the benefits, privileges, and emoluments equivalent to the rank of Undersecretary.
Section
14. Secretariat. The Commission is authorized to establish a Secretariat,
which shall assist in the performance of its functions. The Secretariat shall
be headed by an Executive Director and shall be organized according to
the following offices:
 lOMoARcPSD|20692971

a. Data Security and Compliance Office;

b. Legal and Enforcement Office;

c. Finance and Administrative Office;

d. Privacy Policy Office;

e. Public Information and Assistance Office.

Majority of the members of the Secretariat, in so far as practicable, must

have served for at least five (5) years in any agency of the government that
is involved in the processing of personal data including, but not limited to,
the following offices: Social Security System (SSS), Government Service
Insurance System (GSIS), Land Transportation Office (LTO), Bureau of
Internal Revenue (BIR), Philippine Health Insurance Corporation
(PhilHealth), Commission on Elections (COMELEC), Department of
Foreign Affairs (DFA), Department of Justice (DOJ), and Philippine
Postal Corporation (Philpost). The organizational structure shall be subject
to review and modification by the Commission, including the creation of
new divisions and units it may deem necessary, and shall appoint officers
and employees of the Commission in accordance with civil service law,
rules, and regulations. Section 15. Effect of Lawful Performance of Duty.
The Privacy Commissioner, the Deputy Commissioners, or any person
acting on their behalf or under their direction, shall not be civilly liable for
acts done in good faith in the performance of their duties: Provided, that
they shall be liable for willful or negligent acts, which are contrary to law,
morals, public policy, and good customs, even if they acted under orders or
instructions of superiors: Provided further, that in case a lawsuit is filed
against them in relation to the performance of their duties, where such
performance is lawful, he or she shall be reimbursed by the Commission
for reasonable costs of litigation. Section 16. Magna Carta for Science and
Technology Personnel. Qualified employees of the Commission shall be
covered by Republic Act No. 8349, which provides a magna carta for
scientists, engineers, researchers, and other science and technology
personnel in the government.

Rule IV. Data Privacy Principles

Section 17. General Data Privacy Principles. The processing of personal data
shall be allowed, subject to compliance with the requirements of the Act and
other laws allowing disclosure of information to the public, and adherence to
the principles of transparency, legitimate purpose, and proportionality.
Section 18. Principles of Transparency, Legitimate Purpose and
Proportionality.

The processing of personal data shall be allowed subject to adherence to

 lOMoARcPSD|20692971

the principles of transparency, legitimate purpose, and proportionality.

a. Transparency. The data subject must be aware of the nature, purpose,

and extent of the processing of his or her personal data, including the risks
and safeguards involved, the identity of personal information controller,
his or her rights as a data subject, and how these can be exercised. Any
information and communication relating to the processing of personal data
should be easy to access and understand, using clear and plain language.

b. Legitimate purpose. The processing of information shall be

compatible with a declared and specified purpose which must not be
contrary to law, morals, or public policy.

c. Proportionality. The processing of information shall be adequate,

relevant, suitable, necessary, and not excessive in relation to a declared and
specified purpose. Personal data shall be processed only if the purpose of the
processing could not reasonably be fulfilled by other means.

Section 19. General principles in collection, processing and retention. The

processing of personal data shall adhere to the following general principles
in the collection, processing, and retention of personal data:

a. Collection must be for a declared, specified, and legitimate purpose.

1. Consent is required prior to the collection and processing of personal

data, subject to exemptions provided by the Act and other applicable laws
and regulations. When consent is required, it must be time-bound in
relation to the declared, specified and legitimate purpose. Consent given
may be withdrawn.

2. The data subject must be provided specific information regarding the

purpose and extent of processing, including, where applicable, the
automated processing of his or her personal data for profiling, or
processing for direct marketing, and data sharing.

3. Purpose should be determined and declared before, or as soon as

reasonably practicable, after collection.

4. Only personal data that is necessary and compatible with declared,

specified, and legitimate purpose shall be collected.

b. Personal data shall be processed fairly and lawfully.

1. Processing shall uphold the rights of the data subject, including the
right to refuse, withdraw consent, or object. It shall likewise be
transparent, and allow the data subject sufficient information to know the
nature and extent of processing.

2. Information provided to a data subject must always be in clear and

 lOMoARcPSD|20692971

plain language to ensure that they are easy to understand and access.

49
 lOMoARcPSD|20692971

3. Processing must be in a manner compatible with declared, specified,

and legitimate purpose.

4. Processed personal data should be adequate, relevant, and limited to

what is necessary in relation to the purposes for which they are processed.

5. Processing shall be undertaken in a manner that ensures appropriate

privacy and security safeguards.

c. Processing should ensure data quality.

1. Personal data should be accurate and where necessary for declared,

specified and legitimate purpose, kept up to date.

2. Inaccurate or incomplete data must be rectified, supplemented,

destroyed or their further processing restricted.

d. Personal Data shall not be retained longer than necessary.

1. Retention of personal data shall only for as long as necessary:

(a) for the fulfillment of the declared, specified, and legitimate purpose,
or when the processing relevant to the purpose has been terminated;

(b) for the establishment, exercise or defense of legal claims; or

(c) for legitimate business purposes, which must be consistent with

standards followed by the applicable industry or approved by appropriate
government agency.

2. Retention of personal data shall be allowed in cases provided by law.

3. Personal data shall be disposed or discarded in a secure manner that

would prevent further processing, unauthorized access, or disclosure to
any other party or the public, or prejudice the interests of the data subjects.

e. Any authorized further processing shall have adequate safeguards.

1. Personal data originally collected for a declared, specified, or

legitimate purpose may be processed further for historical, statistical, or
scientific purposes, and, in cases laid down in law, may be stored for
longer periods, subject to implementation of the appropriate
organizational, physical, and technical security measures required by the
Act in order to safeguard the rights and freedoms of the data subject.

2. Personal data which is aggregated or kept in a form which does not

permit identification of data subjects may be kept longer than necessary for
the declared, specified, and legitimate purpose.
 lOMoARcPSD|20692971

3. Personal data shall not be retained in perpetuity in contemplation of a

possible future use yet to be determined.

Section 20. General Principles for Data Sharing. Further Processing of

Personal Data collected from a party other than the Data Subject shall be
allowed under any of the following conditions:

a. Data sharing shall be allowed when it is expressly authorized by law:

Provided, that there are adequate safeguards for data privacy and security,
and processing adheres to principle of transparency, legitimate purpose
and proportionality.

b. Data Sharing shall be allowed in the private sector if the data subject
consents to data sharing, and the following conditions are complied with:

1. Consent for data sharing shall be required even when the data is to be
shared with an affiliate or mother company, or similar relationships;

2. Data sharing for commercial purposes, including direct marketing,

shall be covered by a data sharing agreement.

(a) The data sharing agreement shall establish adequate safeguards for
data privacy and security, and uphold rights of data subjects.

(b) The data sharing agreement shall be subject to review by the

Commission, on its own initiative or upon complaint of data subject;

3. The data subject shall be provided with the following information

prior to collection or before data is shared:

(a) Identity of the personal information controllers or personal

information processors that will be given access to the personal data;

(b) Purpose of data sharing;

(c) Categories of personal data concerned;

(d) Intended recipients or categories of recipients of the personal data;

(e) Existence of the rights of data subjects, including the right to access
and correction, and the right to object;

(f) Other information that would sufficiently notify the data subject of the
nature and extent of data sharing and the manner of processing.

4. Further processing of shared data shall adhere to the data privacy

principles laid down in the Act, these Rules, and other issuances of the
Commission.
 lOMoARcPSD|20692971

c. Data collected from parties other than the data subject for purpose of
research shall be allowed when the personal data is publicly available, or
has the consent of the data subject for purpose of research: Provided, that
adequate safeguards are in place, and no decision directly affecting the
data subject shall be made on the basis of the data collected or processed.
The rights of the data subject shall be upheld without compromising
research integrity.

d. Data sharing between government agencies for the purpose of a public

function or provision of a public service shall be covered a data sharing
agreement.

1. Any or all government agencies party to the agreement shall comply

with the Act, these Rules, and all other issuances of the Commission,
including putting in place adequate safeguards for data privacy and
security.

2. The data sharing agreement shall be subject to review of the

Commission, on its own initiative or upon complaint of data subject.

Rule V. Lawful Processing of Personal Data

Section 21. Criteria for Lawful Processing of Personal Information.

Processing of personal information is allowed, unless prohibited by law.
For processing to be lawful, any of the following conditions must be
complied with:

a. The data subject must have given his or her consent prior to the
collection, or as soon as practicable and reasonable;

b. The processing involves the personal information of a data subject

who is a party to a contractual agreement, in order to fulfill obligations
under the contract or to take steps at the request of the data subject prior to
entering the said agreement;

c. The processing is necessary for compliance with a legal obligation to

which the personal information controller is subject;

d. The processing is necessary to protect vitally important interests of the

data subject, including his or her life and health;

e. The processing of personal information is necessary to respond to

national emergency or to comply with the requirements of public order and
safety, as prescribed by law;

f. The processing of personal information is necessary for the fulfillment

of the constitutional or statutory mandate of a public authority; or

g. The processing is necessary to pursue the legitimate interests of the

 lOMoARcPSD|20692971

personal information controller, or by a third party or parties to whom

the data is disclosed, except where such interests are overridden by
fundamental rights and freedoms of the data subject, which require
protection under the Philippine Constitution.
Section 22. Sensitive Personal Information and Privileged Information.
The processing of sensitive personal and privileged information is
prohibited, except in any of the following cases:

a. Consent is given by data subject, or by the parties to the

exchange of privileged information, prior to the processing of the
sensitive personal information or privileged information, which shall be
undertaken pursuant to a declared, specified, and legitimate purpose;

b. The processing of the sensitive personal information or privileged

information is provided for by existing laws and regulations: Provided, that
said laws and regulations do not require the consent of the data subject for the
processing, and guarantee the protection of personal data;

c. The processing is necessary to protect the life and health of the data
subject or another person, and the data subject is not legally or physically
able to express his or her consent prior to the processing;

d. The processing is necessary to achieve the lawful and noncommercial

objectives of public organizations and their associations provided that:

1. Processing is confined and related to the bona fide members of these

organizations or their associations;

2. The sensitive personal information are not transferred to third parties; and

3. Consent of the data subject was obtained prior to processing;

e. The processing is necessary for the purpose of medical treatment:

Provided, that it is carried out by a medical practitioner or a medical
treatment institution, and an adequate level of protection of personal data
is ensured; or

f. The processing concerns sensitive personal information or privileged

information necessary for the protection of lawful rights and interests of
natural or legal persons in court proceedings, or the establishment,
exercise, or defense of legal claims, or when provided to government or
public authority pursuant to a constitutional or statutory mandate.

Section 23. Extension of Privileged Communication. Personal information

controllers may invoke the principle of privileged communication over
privileged information that they lawfully control or process. Subject to
existing laws and regulations, any evidence gathered from privileged
information is inadmissible. When the Commission inquires upon
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communication claimed to be privileged, the personal information controller

concerned shall prove the nature of the communication in an executive
session. Should the communication be determined as privileged, it shall be
excluded from evidence, and the contents thereof shall not form part of the
records of the case: Provided, that where the privileged communication itself
is the subject of a breach, or a privacy concern or investigation, it may be
disclosed to the Commission but only to the extent necessary for the purpose
of investigation, without including the contents thereof in the records. Section
24. Surveillance of Suspects and Interception of Recording of
Communications. Section 7 of Republic Act No. 9372, otherwise known as
the “Human Security Act of 2007”, is hereby amended to include the
condition that the processing of personal data for the purpose of surveillance,
interception, or recording of communications shall comply with the Data
Privacy Act, including adherence to the principles of transparency,
proportionality, and legitimate purpose.

Rule VI. Security Measures for the Protection of Personal Data

Section 25. Data Privacy and Security. Personal information controllers

and personal information processors shall implement reasonable and
appropriate organizational, physical, and technical security measures for
the protection of personal data. The personal information controller and
personal information processor shall take steps to ensure that any natural
person acting under their authority and who has access to personal data,
does not process them except upon their instructions, or as required by
law. The security measures shall aim to maintain the availability, integrity,
and confidentiality of personal data and are intended for the protection of
personal data against any accidental or unlawful destruction, alteration,
and disclosure, as well as against any other unlawful processing. These
measures shall be implemented to protect personal data against natural
dangers such as accidental loss or destruction, and human dangers such as
unlawful access, fraudulent misuse, unlawful destruction, alteration and
contamination.
Section 26. Organizational Security Measures. Where appropriate,
personal information controllers and personal information processors shall
comply with the following guidelines for organizational security:

a. Compliance Officers. Any natural or juridical person or other body

involved in the processing of personal data shall designate an individual or
individuals who shall function as data protection officer, compliance
officer or otherwise be accountable for ensuring compliance with
applicable laws and regulations for the protection of data privacy and
security.

b. Data Protection Policies. Any natural or juridical person or other body

involved in the processing of personal data shall implement appropriate
 lOMoARcPSD|20692971

data protection policies that provide for organization, physical, and

technical security measures, and, for such purpose, take into account the
nature, scope, context and purposes of the processing, as well as the risks
posed to the rights and freedoms of data subjects.

1. The policies shall implement data protection principles both at the

time of the determination of the means for processing and at the time of
the processing itself.

2. The policies shall implement appropriate security measures that, by

default, ensure only personal data which is necessary for the specified
purpose of the processing are processed. They shall determine the amount
of personal data collected, including the extent of processing involved, the
period of their storage, and their accessibility.

3. The polices shall provide for documentation, regular review,

evaluation, and updating of the privacy and security policies and practices.
c. Records of Processing Activities. Any natural or juridical person or
other body involved in the processing of personal data shall maintain
records that sufficiently describe its data processing system, and
identify the duties and responsibilities of those individuals who will have
access to personal data. Records should include:

1. Information about the purpose of the processing of personal data,

including any intended future processing or data sharing;

2. A description of all categories of data subjects, personal data, and

recipients of such personal data that will be involved in the processing;

3. General information about the data flow within the organization, from
the time of collection, processing, and retention, including the time limits
for disposal or erasure of personal data;

4. A general description of the organizational, physical, and technical

security measures in place;

5. The name and contact details of the personal information controller

and, where applicable, the joint controller, the its representative, and the
compliance officer or Data Protection Officer, or any other individual or
individuals accountable for ensuring compliance with the applicable laws
and regulations for the protection of data privacy and security.

d. Management of Human Resources. Any natural or juridical person or

other entity involved in the processing of personal data shall be responsible
for selecting and supervising its employees, agents, or representatives,
particularly those who will have access to personal data.

The said employees, agents, or representatives shall operate and hold personal
data under strict confidentiality if the personal data are not intended for public
 lOMoARcPSD|20692971

disclosure. This obligation shall continue even after leaving the public service,
transferring to another position, or upon terminating their employment or
contractual relations. There shall be capacity building, orientation or training
programs for such employees, agents or representatives, regarding privacy or
security policies.

e. Processing of Personal Data. Any natural or juridical person or other

body involved in the processing of personal data shall develop, implement
and review:

1. A procedure for the collection of personal data, including procedures

for obtaining consent, when applicable;

2. Procedures that limit the processing of data, to ensure that it is only to

the extent necessary for the declared, specified, and legitimate purpose;

3. Policies for access management, system monitoring, and protocols to

follow during security incidents or technical problems;

4. Policies and procedures for data subjects to exercise their rights under the
Act;
5. Data retention schedule, including timeline or conditions for erasure or
disposal of records.

f. Contracts with Personal Information Processors. The personal

information controller, through appropriate contractual agreements, shall
ensure that its personal information processors, where applicable, shall
also implement the security measures required by the Act and these
Rules. It shall only engage those personal information processors that
provide sufficient guarantees to implement appropriate security measures
specified in the Act and these Rules, and ensure the protection of the rights
of the data subject.

Section 27. Physical Security Measures. Where appropriate, personal

information controllers and personal information processors shall comply
with the following guidelines for physical security:

a. Policies and procedures shall be implemented to monitor and limit

access to and activities in the room, workstation or facility, including
guidelines that specify the proper use of and access to electronic media;

b. Design of office space and work stations, including the physical

arrangement of furniture and equipment, shall provide privacy to anyone
processing personal data, taking into consideration the environment and
accessibility to the public;

c. The duties, responsibilities and schedule of individuals involved in the

processing of personal data shall be clearly defined to ensure that only the
individuals actually performing official duties shall be in the room or work
 lOMoARcPSD|20692971

station, at any given time;

d. Any natural or juridical person or other body involved in the

processing of personal data shall implement Policies and procedures
regarding the transfer, removal, disposal, and re-use of electronic media, to
ensure appropriate protection of personal data;

e. Policies and procedures that prevent the mechanical destruction of

files and equipment shall be established. The room and workstation used in
the processing of personal data shall, as far as practicable, be secured
against natural disasters, power disturbances, external access, and other
similar threats.

Section 28. Guidelines for Technical Security Measures. Where

appropriate, personal information controllers and personal information
processors shall adopt and establish the following technical security
measures:

a. A security policy with respect to the processing of personal data;

b. Safeguards to protect their computer network against accidental,

unlawful or unauthorized usage, any interference which will affect data
integrity or hinder the functioning or availability of the system, and
unauthorized access through an electronic network;

c. The ability to ensure and maintain the confidentiality, integrity,

availability, and resilience of their processing systems and services;
d. Regular monitoring for security breaches, and a process both for
identifying and accessing reasonably foreseeable vulnerabilities in their
computer networks, and for taking preventive, corrective, and mitigating
action against security incidents that can lead to a personal data breach;

e. The ability to restore the availability and access to personal data in a

timely manner in the event of a physical or technical incident;

f. A process for regularly testing, assessing, and evaluating the

effectiveness of security measures;

g. Encryption of personal data during storage and while in transit,

authentication process, and other technical security measures that control
and limit access.

Section 29. Appropriate Level of Security. The Commission shall monitor

the compliance of natural or juridical person or other body involved in the
processing of personal data, specifically their security measures, with the
guidelines provided in these Rules and subsequent issuances of the
Commission. In determining the level of security appropriate for a
particular personal information controller or personal information
 lOMoARcPSD|20692971

processor, the Commission shall take into account the nature of the
personal data that requires protection, the risks posed by the processing,
the size of the organization and complexity of its operations, current data
privacy best practices, and the cost of security implementation. The
security measures provided herein shall be subject to regular review and
evaluation, and may be updated as necessary by the Commission in
separate issuances, taking into account the most appropriate standard
recognized by the information and communications technology industry
and data privacy best practices.

Rule VII. Security of Sensitive Personal Information in Government

Section 30. Responsibility of Heads of Agencies. All sensitive personal

information maintained by the government, its agencies, and
instrumentalities shall be secured, as far as practicable, with the use of
the most appropriate standard recognized by the information and
communications technology industry, subject to these Rules and other
issuances of the Commission. The head of each government agency or
instrumentality shall be responsible for complying with the security
requirements mentioned herein. The Commission shall monitor
government agency compliance and may recommend the necessary action
in order to satisfy the minimum standards. Section 31. Requirements
Relating to Access by Agency Personnel to Sensitive Personal Information.

a. On-site and Online Access.

1. No employee of the government shall have access to sensitive

personal information on government property or through online facilities
unless he or she the employee has received a security clearance from the
head of the source agency. The source agency is the government agency
who originally collected the personal data.

2. A source agency shall strictly regulate access to sensitive personal

information under its custody or control, particularly when it allows online
access. An employee of the government shall

56
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only be granted a security clearance when the performance of his or her

official functions or the provision of a public service directly depends on
and cannot otherwise be performed unless access to the personal data is
allowed.

3. Where allowed under the next preceding sections, online access to

sensitive personal information shall be subject to the following conditions:

(a) An information technology governance framework has been designed and

implemented;

(b) Sufficient organizational, physical and technical security measures have been
established;

(c) The agency is capable of protecting sensitive personal information in

accordance with data privacy practices and standards recognized by the
information and communication technology industry;

(d) The employee of the government is only given online access to sensitive
personal information necessary for the performance of official functions or the
provision of a public service.

b. Off-site access.

1. Sensitive personal information maintained by an agency may not be

transported or accessed from a location off or outside of government
property, whether by its agent or employee, unless the head of agency has
ensured the implementation of privacy policies and appropriate security
measures. A request for such transportation or access shall be submitted to
and approved by the head of agency. The request must include proper
accountability mechanisms in the processing of data.

2. The head of agency shall approve requests for off-site access in

accordance with the following guidelines:

(a) Deadline for Approval or Disapproval. The head of agency shall

approve or disapprove the request within two (2) business days after the
date of submission of the request. Where no action is taken by the head of
agency, the request is considered disapproved;

(b) Limitation to One thousand (1,000) Records. Where a request is

approved, the head of agency shall limit the access to not more than one
thousand (1,000) records at a time, subject to the next succeeding
paragraph.

(c) Encryption. Any technology used to store, transport or access sensitive

personal information for purposes of off-site access approved under this
subsection shall be secured by the use of the most secure encryption
standard recognized by the Commission.
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Section 32. Implementation of Security Requirements. Notwithstanding the

effective date of these Rules, the requirements in the preceding sections
shall be implemented before any off-site or online access request is
approved. Any data sharing agreement between a source agency and
another government agency shall be subject to review of the Commission
on its own initiative or upon complaint of data subject. Section 33.
Applicability to Government Contractors. In entering into any contract
with a private service provider that may involve accessing or requiring
sensitive personal information from one thousand (1,000) or more
individuals, a government agency shall require such service provider and
its employees to register their personal data processing system with the
Commission in accordance with the Act and these Rules. The service
provider, as personal information processor, shall comply with the other
provisions of the Act and these Rules, particularly the immediately
preceding sections, similar to a government agency and its employees.

Rule VIII. Rights of Data Subjects

Section 34. Rights of the Data Subject. The data subject is entitled to the
following rights:

a. Right to be informed.

1. The data subject has a right to be informed whether personal data

pertaining to him or her shall be, are being, or have been processed,
including the existence of automated decision- making and profiling.

2. The data subject shall be notified and furnished with information

indicated hereunder before the entry of his or her personal data into the
processing system of the personal information controller, or at the next
practical opportunity:

(a) Description of the personal data to be entered into the system;

(b) Purposes for which they are being or will be processed, including
processing for direct marketing, profiling or historical, statistical or
scientific purpose;

(c) Basis of processing, when processing is not based on the consent of the data
subject;

(d) Scope and method of the personal data processing;

(e) The recipients or classes of recipients to whom the personal data are or may
be disclosed;

(f) Methods utilized for automated access, if the same is allowed by the
 lOMoARcPSD|20692971

data subject, and the extent to which such access is authorized, including
meaningful information about the logic involved, as well as the
significance and the envisaged consequences of such processing for the
data subject;

(g) The identity and contact details of the personal data controller or its
representative;

(h) The period for which the information will be stored; and

(i) The existence of their rights as data subjects, including the right to
access, correction, and object to the processing, as well as the right to
lodge a complaint before the Commission.
b. Right to object. The data subject shall have the right to object to the
processing of his or her personal data, including processing for direct
marketing, automated processing or profiling. The data subject shall also
be notified and given an opportunity to withhold consent to the processing
in case of changes or any amendment to the information supplied or
declared to the data subject in the preceding paragraph.

When a data subject objects or withholds consent, the personal information

controller shall no longer process the personal data, unless:

1. The personal data is needed pursuant to a subpoena;

2. The collection and processing are for obvious purposes, including,

when it is necessary for the performance of or in relation to a contract or
service to which the data subject is a party, or when necessary or desirable
in the context of an employer-employee relationship between the collector
and the data subject; or

3. The information is being collected and processed as a result of a legal

obligation.

c. Right to Access. The data subject has the right to reasonable access to,
upon demand, the following:

1. Contents of his or her personal data that were processed;

2. Sources from which personal data were obtained;

3. Names and addresses of recipients of the personal data;

4. Manner by which such data were processed;

5. Reasons for the disclosure of the personal data to recipients, if any;

6. Information on automated processes where the data will, or is likely

 lOMoARcPSD|20692971

to, be made as the sole basis for any decision that significantly affects or
will affect the data subject;

7. Date when his or her personal data concerning the data subject were
last accessed and modified; and

8. The designation, name or identity, and address of the personal information

controller.

d. Right to rectification. The data subject has the right to dispute the
inaccuracy or error in the personal data and have the personal information
controller correct it immediately and accordingly, unless the request is
vexatious or otherwise unreasonable. If the personal data has been corrected,
the personal information controller shall ensure the accessibility of both the
new and the retracted information and the simultaneous receipt of the new and
the retracted information by the intended recipients thereof: Provided, That
recipients or third parties who have previously received such processed
personal data shall be informed of its inaccuracy and its rectification, upon
reasonable request of the data subject.

e. Right to Erasure or Blocking. The data subject shall have the right to
suspend, withdraw or order the blocking, removal or destruction of his or
her personal data from the personal information controller’s filing system.

1. This right may be exercised upon discovery and substantial proof of any of the
following:

(a) The personal data is incomplete, outdated, false, or unlawfully obtained;

(b) The personal data is being used for purpose not authorized by the data
subject;

(c) The personal data is no longer necessary for the purposes for which they
were collected;

(d) The data subject withdraws consent or objects to the processing, and
there is no other legal ground or overriding legitimate interest for the
processing;

(e) The personal data concerns private information that is prejudicial to

data subject, unless justified by freedom of speech, of expression, or of the
press or otherwise authorized;

(f) The processing is unlawful;

(g) The personal information controller or personal information processor

violated the rights of the data subject.

2. The personal information controller may notify third parties who have
 lOMoARcPSD|20692971

previously received such processed personal information.

f. Right to damages. The data subject shall be indemnified for any

damages sustained due to such inaccurate, incomplete, outdated, false,
unlawfully obtained or unauthorized use of personal data, taking into
account any violation of his or her rights and freedoms as data subject.

Section 35. Transmissibility of Rights of the Data Subject. The lawful heirs
and assigns of the data subject may invoke the rights of the data subject to
which he or she is an heir or an assignee, at any time after the death of the
data subject, or when the data subject is incapacitated or incapable of
exercising the rights as enumerated in the immediately preceding section.
Section 36. Right to Data Portability. Where his or her personal data is
processed by electronic means and in a structured and commonly used format,
the data subject shall have the right to obtain from the personal information
controller a copy of such data in an electronic or structured format that is
commonly used and allows for further use by the data subject. The exercise of
this right shall primarily take into account the right of data subject to have
control over his or her personal data being processed based on consent or
contract, for commercial purpose, or through automated means. The
Commission may specify the electronic format referred to above, as well as
the technical standards, modalities, procedures and other rules for their
transfer. Section 37. Limitation on rights. The immediately preceding sections
shall not be applicable if the processed personal data are used only for the needs
of scientific and statistical research and, on the basis of such, no activities are
carried out and no decisions are taken regarding the data subject: Provided, that
the personal data shall be held under strict confidentiality and shall be used only
for the declared purpose. The said sections are also not applicable to the
processing of personal data gathered for the purpose of investigations in relation
to any criminal, administrative or tax liabilities of a data subject. Any limitations
on the rights of the data subject shall only be to the minimum extent necessary to
achieve the purpose of said research or investigation.

Rule IX. Data Breach Notification.

Section 38. Data Breach Notification.

a. The Commission and affected data subjects shall be notified by the

personal information controller within seventy-two (72) hours upon
knowledge of, or when there is reasonable belief by the personal
information controller or personal information processor that, a personal
data breach requiring notification has occurred.

b. Notification of personal data breach shall be required when sensitive

personal information or any other information that may, under the
circumstances, be used to enable identity fraud are reasonably believed to
have been acquired by an unauthorized person, and the personal
information controller or the Commission believes that such unauthorized
 lOMoARcPSD|20692971

acquisition is likely to give rise to a real risk of serious harm to any

affected data subject.

c. Depending on the nature of the incident, or if there is delay or failure

to notify, the Commission may investigate the circumstances surrounding
the personal data breach. Investigations may include on-site examination
of systems and procedures.

Section 39. Contents of Notification. The notification shall at least describe

the nature of the breach, the personal data possibly involved, and the
measures taken by the entity to address the breach. The notification shall
also include measures taken to reduce the harm or negative consequences
of the breach, the representatives of the personal information controller,
including their contact details, from whom the data subject can obtain
additional information about the breach, and any assistance to be provided
to the affected data subjects. Section 40. Delay of Notification. Notification
may be delayed only to the extent necessary to determine the scope of the
breach, to prevent further disclosures, or to restore reasonable integrity to
the information and communications system.

a. In evaluating if notification is unwarranted, the Commission may take

into account compliance by the personal information controller with this
section and existence of good faith in the acquisition of personal data.

b. The Commission may exempt a personal information controller from

notification where, in its reasonable judgment, such notification would not
be in the public interest, or in the interest of the affected data subjects.
c. The Commission may authorize postponement of notification where it
may hinder the progress of a criminal investigation related to a serious
breach.

Section 41. Breach Report.

a. The personal information controller shall notify the Commission by

submitting a report, whether written or electronic, containing the required
contents of notification. The report shall also include the name of a
designated representative of the personal information controller, and his or
her contact details.

b. All security incidents and personal data breaches shall be documented

through written reports, including those not covered by the notification
requirements. In the case of personal data breaches, a report shall include
the facts surrounding an incident, the effects of such incident, and the
remedial actions taken by the personal information controller. In other
security incidents not involving personal data, a report containing
aggregated data shall constitute sufficient documentation. These reports
shall be made available when requested by the Commission. A general
summary of the reports shall be submitted to the Commission annually.
 lOMoARcPSD|20692971

Section 42. Procedure for Notification. The Procedure for breach

notification shall be in accordance with the Act, these Rules, and any other
issuance of the Commission.

Rule X. Outsourcing and Subcontracting Agreements.

Section 43. Subcontract of Personal Data. A personal information controller

may subcontract or outsource the processing of personal data: Provided, that
the personal information controller shall use contractual or other reasonable
means to ensure that proper safeguards are in place, to ensure the
confidentiality, integrity and availability of the personal data processed,
prevent its use for unauthorized purposes, and generally, comply with the
requirements of the Act, these Rules, other applicable laws for processing of
personal data, and other issuances of the Commission. Section
44. Agreements for Outsourcing. Processing by a personal information
processor shall be governed by a contract or other legal act that binds the
personal information processor to the personal information controller.

a. The contract or legal act shall set out the subject-matter and duration
of the processing, the nature and purpose of the processing, the type of
personal data and categories of data subjects, the obligations and rights of
the personal information controller, and the geographic location of the
processing under the subcontracting agreement.

b. The contract or other legal act shall stipulate, in particular, that the
personal information processor shall:

1. Process the personal data only upon the documented instructions of

the personal information controller, including transfers of personal data to
another country or an international organization, unless such transfer is
authorized by law;
2. Ensure that an obligation of confidentiality is imposed on persons
authorized to process the personal data;

3. Implement appropriate security measures and comply with the Act,

these Rules, and other issuances of the Commission;

4. Not engage another processor without prior instruction from the

personal information controller: Provided, that any such arrangement shall
ensure that the same obligations for data protection under the contract or
legal act are implemented, taking into account the nature of the processing;

5. Assist the personal information controller, by appropriate technical

and organizational measures and to the extent possible, fulfill the
obligation to respond to requests by data subjects relative to the exercise of
their rights;

6. Assist the personal information controller in ensuring compliance with

 lOMoARcPSD|20692971

the Act, these Rules, other relevant laws, and other issuances of the
Commission, taking into account the nature of processing and the
information available to the personal information processor;

7. At the choice of the personal information controller, delete or return

all personal data to the personal information controller after the end of the
provision of services relating to the processing: Provided, that this includes
deleting existing copies unless storage is authorized by the Act or another
law;

8. Make available to the personal information controller all information

necessary to demonstrate compliance with the obligations laid down in
the Act, and allow for and contribute to audits, including inspections,
conducted by the personal information controller or another auditor
mandated by the latter;

9. Immediately inform the personal information controller if, in its

opinion, an instruction infringes the Act, these Rules, or any other issuance
of the Commission.

Section 45. Duty of personal information processor. The personal

information processor shall comply with the requirements of the Act, these
Rules, other applicable laws, and other issuances of the Commission, in
addition to obligations provided in a contract, or other legal act with a
personal information controller.

Rule XI. Registration and Compliance Requirements

Section 46. Enforcement of the Data Privacy Act. Pursuant to the mandate
of the Commission to administer and implement the Act, and to ensure the
compliance of personal information controllers with its obligations under
the law, the Commission requires the following:

a. Registration of personal data processing systems operating in the

country that involves accessing or requiring sensitive personal information
of at least one thousand (1,000) individuals, including the personal data
processing system of contractors, and their personnel, entering into contracts with
government agencies;

b. Notification of automated processing operations where the processing

becomes the sole basis of making decisions that would significantly affect
the data subject;

c. Annual report of the summary of documented security incidents and

personal data breaches;

d. Compliance with other requirements that may be provided in other

issuances of the Commission.
 lOMoARcPSD|20692971

Section 47. Registration of Personal Data Processing Systems. The

personal information controller or personal information processor that
employs fewer than two hundred fifty (250) persons shall not be required
to register unless the processing it carries out is likely to pose a risk to the
rights and freedoms of data subjects, the processing is not occasional, or
the processing includes sensitive personal information of at least one
thousand (1,000) individuals.

a. The contents of registration shall include:

1. The name and address of the personal information controller or

personal information processor, and of its representative, if any, including
their contact details;

2. The purpose or purposes of the processing, and whether processing is

being done under an outsourcing or subcontracting agreement;

3. A description of the category or categories of data subjects, and of the

data or categories of data relating to them;

4. The recipients or categories of recipients to whom the data might be

disclosed;

5. Proposed transfers of personal data outside the Philippines;

6. A general description of privacy and security measures for data protection;

7. Brief description of the data processing system;

8. Copy of all policies relating to data governance, data privacy, and

information security;

9. Attestation to all certifications attained that are related to information

and communications processing; and

10. Name and contact details of the compliance or data protection officer,
which shall immediately be updated in case of changes.
b. The procedure for registration shall be in accordance with these Rules
and other issuances of the Commission.

Section 48. Notification of Automated Processing Operations. The

personal information controller carrying out any wholly or partly
automated processing operations or set of such operations intended to
serve a single purpose or several related purposes shall notify the
Commission when the automated processing becomes the sole basis for
making decisions about a data subject, and when the decision would
significantly affect the data subject.
 lOMoARcPSD|20692971

a. The notification shall include the following information:

1. Purpose of processing;

2. Categories of personal data to undergo processing;

3. Category or categories of data subject;

4. Consent forms or manner of obtaining consent;

5. The recipients or categories of recipients to whom the data are to be

disclosed;

6. The length of time the data are to be stored;

7. Methods and logic utilized for automated processing;

8. Decisions relating to the data subject that would be made on the basis
of processed data or that would significantly affect the rights and freedoms
of data subject; and

9. Names and contact details of the compliance or data protection officer.

b. No decision with legal effects concerning a data subject shall be made

solely on the basis of automated processing without the consent of the data
subject.

Section 49. Review by the Commission. The following are subject to the
review of the Commission, upon its own initiative or upon the filing of a
complaint by a data subject:

a. Compliance by a personal information controller or personal

information processor with the Act, these Rules, and other issuances of the
Commission;

b. Compliance by a personal information controller or personal

information processor with the requirement of establishing adequate
safeguards for data privacy and security;

c. Any data sharing agreement, outsourcing contract, and similar

contracts involving the processing of personal data, and its
implementation;
d. Any off-site or online access to sensitive personal data in government
allowed by a head of agency;

e. Processing of personal data for research purposes, public functions, or

commercial activities;
 lOMoARcPSD|20692971

f. Any reported violation of the rights and freedoms of data subjects;

g. Other matters necessary to ensure the effective implementation and

administration of the Act, these Rules, and other issuances of the
Commission.

Rule XII. Rules on Accountability

Section 50. Accountability for Transfer of Personal Data. A personal

information controller shall be responsible for any personal data under its
control or custody, including information that have been outsourced or
transferred to a personal information processor or a third party for processing,
whether domestically or internationally, subject to cross-border arrangement
and cooperation.

a. A personal information controller shall be accountable for complying

with the requirements of the Act, these Rules, and other issuances of the
Commission. It shall use contractual or other reasonable means to provide
a comparable level of protection to the personal data while it is being
processed by a personal information processor or third party.

b. A personal information controller shall designate an individual or

individuals who are accountable for its compliance with the Act. The
identity of the individual or individuals so designated shall be made known
to a data subject upon request.

Section 51. Accountability for Violation of the Act, these Rules and Other
Issuances of the Commission.

a. Any natural or juridical person, or other body involved in the

processing of personal data, who fails to comply with the Act, these Rules,
and other issuances of the Commission, shall be liable for such violation,
and shall be subject to its corresponding sanction, penalty, or fine, without
prejudice to any civil or criminal liability, as may be applicable.

b. In cases where a data subject files a complaint for violation of his or her
rights as data subject, and for any injury suffered as a result of the processing
of his or her personal data, the Commission may award indemnity on the basis
of the applicable provisions of the New Civil Code.

c. In case of criminal acts and their corresponding personal penalties, the

person who committed the unlawful act or omission shall be recommended
for prosecution by the Commission based on substantial evidence. If the
offender is a corporation, partnership, or any juridical person, the
responsible officers, as the case may be, who participated in, or by their
gross negligence, allowed the commission of the crime, shall be
recommended for prosecution by the Commission based on substantial
 lOMoARcPSD|20692971

evidence.
Rule XIII. Penalties

Section 52. Unauthorized Processing of Personal Information and Sensitive

Personal Information.

a. A penalty of imprisonment ranging from one (1) year to three (3)

years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons who process personal information without the
consent of the data subject, or without being authorized under the Act or
any existing law.

b. A penalty of imprisonment ranging from three (3) years to six (6)

years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00)
shall be imposed on persons who process sensitive personal information
without the consent of the data subject, or without being authorized under
the Act or any existing law.

Section 53. Accessing Personal Information and Sensitive Personal

Information Due to Negligence.

a. A penalty of imprisonment ranging from one (1) year to three (3)

years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons who, due to negligence, provided access to
personal information without being authorized under the Act or any
existing law.

b. A penalty of imprisonment ranging from three (3) years to six (6)

years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00)
shall be imposed on persons who, due to negligence, provided access to
sensitive personal information without being authorized under the Act or
any existing law.

Section 54. Improper Disposal of Personal Information and Sensitive

Personal Information.

a. A penalty of imprisonment ranging from six (6) months to two (2) years
and a fine of not less than One hundred thousand pesos (Php100,000.00) but
not more than Five hundred thousand pesos (Php500,000.00) shall be imposed
on persons who knowingly or negligently dispose, discard, or abandon the
personal information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container for
trash collection.
 lOMoARcPSD|20692971

b. A penalty of imprisonment ranging from one (1) year to three (3)

years and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than One million pesos (Php1,000,000.00)
shall be imposed on persons who knowingly or negligently dispose,
discard or abandon the sensitive personal information of an individual in
an area accessible to the public or has otherwise placed the sensitive
personal information of an individual in its container for trash collection.

Section 55. Processing of Personal Information and Sensitive Personal

Information for Unauthorized Purposes.
a. A penalty of imprisonment ranging from one (1) year and six (6)
months to five (5) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons processing personal
information for purposes not authorized by the data subject, or otherwise
authorized under the Act or under existing laws.

b. A penalty of imprisonment ranging from two (2) years to seven (7)

years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons processing sensitive personal information for
purposes not authorized by the data subject, or otherwise authorized under
the Act or under existing laws.

Section 56. Unauthorized Access or Intentional Breach. A penalty of

imprisonment ranging from one
(1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who knowingly and
unlawfully, or violating data confidentiality and security data systems,
breaks in any way into any system where personal and sensitive personal
information are stored. Section 57. Concealment of Security Breaches
Involving Sensitive Personal Information. A penalty
of imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00)
shall be imposed on persons who, after having knowledge of a security
breach and of the obligation to notify the Commission pursuant to Section
20(f) of the Act, intentionally or by omission conceals the fact of such
security breach. Section 58. Malicious Disclosure. Any personal
information controller or personal information processor, or any of its
officials, employees or agents, who, with malice or in bad faith, discloses
unwarranted or false information relative to any personal information or
sensitive personal information obtained by him or her, shall be subject to
imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00).
 lOMoARcPSD|20692971

Section 59. Unauthorized Disclosure.

a. Any personal information controller or personal information processor, or

any of its officials, employees, or agents, who discloses to a third party
personal information not covered by the immediately preceding section
without the consent of the data subject, shall be subject to imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than One million
pesos (Php1,000,000.00).

b. Any personal information controller or personal information

processor, or any of its officials, employees or agents, who discloses to a
third party sensitive personal information not covered by the immediately
preceding section without the consent of the data subject, shall be subject
to imprisonment ranging from three (3) years to five (5) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00).

Section 60. Combination or Series of Acts. Any combination or series of acts

as defined in Sections 52 to 59 shall make the person subject to imprisonment
ranging from three (3) years to six (6) years and a fine of not less than One
million pesos (Php1,000,000.00) but not more than Five million pesos
(Php5,000,000.00). Section 61. Extent of Liability. If the offender is a
corporation, partnership or any juridical person, the penalty shall be imposed
upon the responsible officers, as the case may be, who participated in, or by their
gross negligence, allowed the commission of the crime. Where applicable, the
court may also suspend or revoke any of its rights under this Act. If the offender
is an alien, he or she shall, in addition to the penalties herein prescribed, be
deported without further proceedings after serving the penalties prescribed. If the
offender is a public official or employee and he or she is found guilty of acts
penalized under Sections 54 and 55 of these Rules, he or she shall, in addition to
the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be. Section 62. Large-Scale. The
maximum penalty in the corresponding scale of penalties provided for the
preceding offenses shall be imposed when the personal data of at least one
hundred (100) persons are harmed, affected, or involved, as the result of any of
the above-mentioned offenses. Section 63. Offense Committed by Public Officer.
When the offender or the person responsible for the offense is a public officer, as
defined in the Administrative Code of 1987, in the exercise of his or her duties,
he or she shall likewise suffer an accessory penalty consisting of
disqualification to occupy public office for a term double the term of the
criminal penalty imposed. Section 64. Restitution. Pursuant to the exercise of its
quasi -judicial functions, the Commission shall award indemnity to an aggrieved
party on the basis of the provisions of the New Civil Code. Any complaint filed
 lOMoARcPSD|20692971

by a data subject shall be subject to the payment of filing fees, unless the data
subject is an indigent. Section 65. Fines and Penalties. Violations of the Act,
these Rules, other issuances and orders of the Commission, shall, upon notice and
hearing, be subject to compliance and enforcement orders, cease and desist
orders, temporary or permanent ban on the processing of personal data, or
payment of fines, in accordance with a schedule to be published by the
Commission.

Rule XIV. Miscellaneous Provisions

Section 66. Appeal. Appeal from final decisions of the Commission shall be
made to the proper courts in accordance with the Rules of Court, or as may be
prescribed by law. Section 67. Period for Compliance. Any natural or
juridical person or other body involved in the processing of personal data shall
comply with the personal data processing principles and standards of personal
data privacy and security already laid out in the Act. Personal information
controllers and Personal Information processors shall register with the
Commission their data processing systems or automated processing
operations, subject to notification, within one (1) year after the effectivity of
these Rules. Any subsequent issuance of the Commission, including those that
implement specific standards for data portability, encryption, or other security
measures shall provide the period for its compliance. For a period of one (1)
year from the effectivity of these Rules, a personal information controller or
personal information processor may apply for an extension of the period
within which to comply with the issuances of the Commission. The
Commission may grant such request for good cause shown. Section 68.
Appropriations Clause. The Commission shall be provided with
appropriations for the performance of its functions which shall be included in
the General Appropriations Act. Section 69. Interpretation. Any doubt in the
interpretation of any provision of this Act shall be liberally interpreted in a
manner that would uphold the rights and interest of the individual about
whom personal data is processed. Section 70. Separability Clause. If any
provision or part hereof is held invalid or unconstitutional, the remainder of
these Rules or the provision not otherwise affected shall remain valid and
subsisting. Section 71. Repealing Clause. Except as otherwise expressly
provided in the Act or these Rules, all other laws, decrees, executive orders,
proclamations and administrative regulations or parts thereof inconsistent
herewith are hereby repealed or modified accordingly. Section 72. Effectivity
Clause. These Rules shall take effect fifteen
(15) days after its publication in the Official Gazette.